HomeMy WebLinkAboutLand Use Case.CU.530 W Francis St.A85-92 CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 11 02/92 PARCEL ID AND CASE NO.
DATE COMPLETE: 1 2735 -124 10 -004 A85 -92
STAFF MEMBER: LL
PROJECT NAME: Oxley Conditinal Use Review for an ADU
Project Address: 530 W. Francis St.
Legal Address: Lots K & L. Block 27
APPLICANT: John Oxley
Applicant Address: 1300 Williams Tower, 1 West 3rd., Tulsa. OK
REPRESENTATIVE: Sunny Vann. Vann Associates
Representative Address /Phone: 230 E. Hopkins Avenue
Aspen. CO 81611
FEES: PLANNING $ # APPS RECEIVED 3
ENGINEER $ f PLATS RECEIVED 3
HOUSING $
ENV. HEALTH $
TOTAL $ N/C
TYPE OF APPLICATION: STAFF APPROVAL: 1 STEP: x 2 STEP:
P &Z Meeting Date\F / PUBLIC HEARING: NO
VESTED RIGHTS: Y S NO
CC Meeting Date PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
DRC Meeting Date
REFS LS:
City Attorney Parks Dept. School District
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
5, a Envir.Hlth. ACSD Other
p Z i{� ng, , z a, Energy Center Other
DATE REFERRED: Id g INITIALS: 1 0 DUE:
FINAL ROUTING: DATE ROUTED: ' INITIAL: 7 ^'
City Atty _ City Engineer _Zoning _Env. Health
Housing Open Space Other:
FILE STATUS AND LOCATION:
(17, 0
AFFIDAVIT OF PUBLIC NOTICE
OF APPLICATION FOR DEVELOPMENT APPROVAL
(Pursuant to Section 6- 205.E. of the Land Use Regulations)
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The undersigned, being first duly sworn, deposes and says
as follows:
I, SUNNY VANN, being or representing an Applicant before
the City of Aspen, personally certify that Public Notice of the
application for a conditional use approval for the Oxley Accessory
•
Dwelling Unit was given by 1) posting of notice containing the
information required in Section 6- 205.E.2., which posting occurred
on November 28, 1992, in a conspicuous place on the subject
property and that the said sign was posted and visible continuously
from that date, and 2) mailing Notice of said development applica-
tion to all property owners within three hundred (300) feet of the
subject property, which mailing occurred on November 27, 1992.
Applicant:
JOHN C. O EY
By'iS
' un ' ann
The foregoing Affi,davit of Public Notice was acknowledged
and signed before me this 1 +' day of,*(0 45f, 1992, by Sunny Vann
on behalf of JOHN C. OXLEY. Decentael
WITNESS my hand and official seal.
My commission expires: / /
N tary P ublic
m/0
c
PITRIN COUNTY TITLE, INC.
601 E. HOPKINS, 3RD FLOOR
Vincent J. Higens ASPEN, COLORADO 81611 Christina Davis
President 303 - 925 -1766 : 303 - 925 -6527 FAX Vice President
ADJACENT OWNER'S STATEMENT
Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the
State of Colorado, hereby certifies the following list is a current list
of adjacent property owner's adjacent to Lots K and L, Block 27, City and
Townsite of Aspen as obtained from the most current Pitkin County
Assessors Tax Rolls.
NAMES AND ADDRESSES BRIEF LEGAL DESCRIPTION
PLEASE REFER TO LIST ATTACHED HERETO AND MADE A PART HEREOF
\--j-P1/4---L',....._1),(1-.,y,,z v . ] ,
AUTHORIZED SIGNATURE
609 CORPORATION LOT G, BLOCK 21, ASPEN
P.O. 8OX 1819
ASPEN CO 81612
ANNE J. AUSTIN EAST 1/2 OF LOT H, ALL OF
LOT I, BLOCK 22, ASPEN
601 WEST FRACIS STREET
ASPEN CO 81611
ANNE W. BURROWS UNIT A, SMUGGLER CONDOS
505 NORTH 5TH STREET
ASPEN CO 81611
ANNE W. BURROWS UNIT B, SMUGGLER CONDOS
505 NORTH 5TH STREET
ASPEN CO 81611
CAROL REED UNIT 8, CLARK'S ADD CONDO
SUITE 8
950 WEST BERWYN
CHICAGO IL 50540
CHARLES L. HALL AND LOTS H AND I. BLOCK 21,
NANCY W. TATE ASPEN
P.O. BOX 1819
ASPEN CO 81612
CHRISTOPHER 8. AND MICHAEL K. DAYTON LOTS D AND E, BLOCK 28
AND MARTHA B. CROZIER ASPEN
C/O 4122 IDS CENTER
MINNEAPOLIS MN 55402
CHRISTOPHER H. SMITH UNIT 8. STARRI CONDOS
LESLIE M. SMITH
P.O. BOX 130
SNOWMASS CO 81654
DAVID R. KOEHLER UNIT A, OLIVER CARR CONDO
618 WEST SMUGGLER
ASPEN CO 81611
DAVID ZIMMAN AND EAST 1/2 OF LOT N, ALL OF
MARIE ELIZABETH NIMMAN LOT 0, WEST 11/2 FEET OF
126 PINE DRIVE LOT P. BLOCK 22, ASPEN
FAIRFAX CA 94930
DON STAPLETON, DAIVD E. STAPLETON LOTS A. 8 AND C, BLOCK 28
DARRELL L. STAPLETON ASPEN
P.O. BOX 5246
SNOWMASS VILLAGE CO 81615
DR. HENRY P. PLENK 1/2 INT. LOTS N. 0 AND P. BLOCK 26
AND DR. AGNES M. PLANE 1/2 INT. ASPEN
865 SOUTH MONUMENT PARK CIRCLE
SALT LAKE CITY UT 84108
ELIZABETH ARMSTRONG AND UNIT B, REEDS HOUSE CONDO
PATRICIA ANN FERRIL
625 W. FRANCIS, UNIT 8
ASPEN CO 81611
FRANCIS W. KALMES EAST 1/2 OF LOT B. ALL OF
AND CHARLENE E. KALMES LOTS C, D, E, F, BLOCK 21
627 WEST SMUGGLER ASPEN
ASPEN CO 81611
GEORGE L. CARISCH AND LOTS A, B, C & 0, BLOCK
SHARON G. CARISCH 27, ASPEN
19760 LAKEVIEW AVENUE
E XCELSIOR MN 55331
HELEN R. SCALES UNIT A, STARRI CONDOS
526 WEST FRANCIS STREET
ASPEN CO 81611
:RVING AZOFF AND LOTS H AND 1. BLOCK 27.
ROCHELLE AZOFF ASPEN
244 LADERA DRIVE
FEVERLY HILLS CA 90210
JACK E. SILVERMAN LOT P. BLOCK 21, ASPEN
P.O. BOX 2610 - -
SANTE FE NM 87501
JACK PRESS LOTS M AND N, BLOCK 27,
ASPEN
'525 SOUTH BAYSHORE DRIVE
'IAMI FL 33133
JAMES P. 1GLEHART LOTS P AND 0, EXCEPT THE
WEST 7 1/2 FET OF LOT P,
510 WEST HALLAM BLOCK 22, ASPEN
ASPEN CO 81611
JOHN E. THORPE AND LOTS E AND F. BLOCK 22
NANCY M. THORPE ASPEN
615 WEST FRANCIS
ASPEN CO 81611
JOHN F. SHAFROTH AND LOTS K. L AND M. BLOCK 28
DIANA H. SHAFROTH ASPEN
288 CLAYTON STREET, STE 303
DENVER CO 80206
LINDA MC CAUSLAND ALL OF LOT G, WEST 1/2 OF
LOT H, BLOCK 22, ASPEN
P.O. BOX 1584
ASPEN CO 81612
MARCIA A. CORBIN UNIT C, SMUGGLER CONDOS
P.O. BOX 9312
ASPEN CO 81612
MARILYN BURNETT LOTS 0 AND P, BLOCK 27,
TRUSTEE OF WILLIAMS FAMILY TRUST ASPEN
P.O. BOX 1085
ASPEN CO 81612
MURRY CELL -MAN 70% LOTS 0, R AND S, BLOCK 27
HARRY E. GRAY 30% ASPEN
452 -48 CALIFORNIA INST. OF TECH.
PASADENA CA 91125
PASCHEN CONTRACTORS, INC. 1/2 INT. LOTS 0, R AND S. BLOCK 26
AND JAMES B. & DELLA HARDER 1/2 INT. ASPEN
2739 N. ELSTON AVENUE
CHICAGO IL 50647
R. BRILL KEY AND LOTS P AND 0, BLOCK 28.
ELIZABETH R. KEY ASPEN
215 BYRAM SHORE ROAD
GREENWICH CT 06836
RICHARD BECKER KENDALL AND LOTS E, F AND G, BLOCK
LISA SEE KENDALL 27. ASPEN
17975 PROTO MARINA WAY
PACIFIC PALISADE CA 90272
RICHARD GOLD LOTS R AND S. BLOCK 22,
ASPEN
300 ST. PIERRE ROAD
LOS ANGELES CA 90024
• r"
RICHARD SETH STALEY UNIT 8. OLIVER CARR CONDO
AND DONALD KELTNER
12100 WILSHIRE BLVD. STE.730
LOS ANGELES CA 90025
ROBERT DOUGLAS RITCHIE AND LOTS K AND L. BLOCK 21.
RENEE NESPECA RITCHIE ASPEN
701 WEST FRANCIS STREET
ASPEN CO 81611
ROBERT I. BLAICH AND UNIT A, CLARK'S ADD CONDO
JANET 5. BLAICH
319 NORTH FOURTH STREET
ASPEN CO 81611
SALLY RAE GLENN LOTS R AND S. BLOCK 28,
504 WEST HALLAM AVENUE
ASPEN CO 81611
STEPHEN MAROLT ALL OF LOT A, WEST 1/2 OF
LOT B, BLOCK 21, ASPEN
P.O. BOX 82
ASPEN CO 81612
THORNE DONNELLEY, JR. LOTS K, L AND M. BLOCK 26
ASPEN
540 WEST SMUGGLER AVENUE
ASPEN CO 81611
VIVIENNE ESTELLE JONES LOT 0, BLOCK 21, ASPEN
AND ANDREW DOREMUS
P.O. BOX 317
ASPEN CO 81612
VIVIENNE ESTELLE JONES LOTS R AND S, BLOCK 21.
AND ANDREW DOREMUS ASPEN
P.O. BOX 317
ASPEN CO 81612
WAVA TURNER LOTS A AND 8, BLOCK 22.
P.O. BOX 973
ASPEN CO 81612
WILLIAM G. KANE AND UNIT A, REEDS HOUSE CONDO
CAROLYN W. KANE
P.O. BOX 8716
ASPEN CO 91612
0 #364697 12/17/93 11: "to'Rec $20.1)0 Pk:: 735 FS 642
Silvia Davis, Fitkin Cnty Clerk, Doc $.00
ORDINANCE NO. 57
(SERIES OF 1993)
AN ORDINANCE OF THE CITY COUNCIL OF ASPEN, COLORADO, GRANTING
SUBDIVISION EXEMPTION, GMQS EXEMPTION APPROVAL AND VESTED RIGHTS FOR
THE OXLEY LOT SPLIT (EAST ONE -HALF OF LOT B,
LOTS C, D, E, AND F, BLOCK 21, ORIGINAL ASPEN TOWNSITE)
WHEREAS, Section 24- 7- 1003.A.2 of the Aspen Municipal Code
provides for City Council approval for lots splits as Subdivision
Exemptions and Section 24 -6 -207 allows vested rights for a period
of three years; and
WHEREAS, the Applicant, John C. Oxley, submitted an
application for a lot split, GMQS exemption and vested rights to
the Planning Office; and
WHEREAS, the City Engineering Office has provided referral
comments on the proposed application; and
WHEREAS, the Planning Office reviewed the proposed application
pursuant to Section 24- 7- 1003.A.2 of the Aspen Municipal Code and
the comments received from Engineering and recommends approval of
the Subdivision Exemption for a lot split with conditions; and
WHEREAS, the Aspen City Council having considered the Planning
Office's recommendation and Section 24- 7- 1003.A.2 of the Aspen
Municipal Code does hereby grant the Subdivision Exemption for the
Oxley Lot Split.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1: That it does hereby grant Subdivision Exemption and
GMQS Exemption approval for a lot split pursuant to Section 24 -7-
1003.A.2 and 24- 8- 104.C.a of the Aspen Municipal Code subject to
the following conditions:
C #364697 12/17/93 11:20 Rec $20.Cn) BK 735 PG 643
Silvia Davis, Pitkin Cnty Clerk, Doc $.00
Ordinance No.57
(Series 1993)
1 . The encroaching fences in the alley and on the Smuggler Street
right -of -way must be removed or receive an encroachment
license prior to recordation of the final plat.
2. The parcels shall meet storm run -off requirements of Section
24- 7- 1004.C.4.f at the time of development.
3. Any work in the
shall o tain permits b from r the t City w Stre Streets Departmendscaping t.
4. The new Subdivision Plat and Subdivision Exemption Agreement
must be approved by the Planning Office and Engineering
Department and recorded with the Pitkin County Clerk and
Recorder within 180 days of approval by City Council. Failure
to do so may render the approvals invalid.
k .
A Curb and Gutter Agreement for a rolled curb is required to
be executed indicating that the property owner will install
a curb and gutter at such time as directed by the City.
6, To meet the affordable housing requirements of Ordinance 1,
the following requirements shall be met by the applicant:
a. Lot 1 is subject to the provisions of Ordinance 1 if
demolition or an addition takes place.
b. Lot 2 is required to build an Accessory Dwelling
Unit(ADU) at the time of construction.
7. All material representations made by the applicant in the
application and during public meetings with the City Council
shall be adhered to and considered conditions of approval,
unless otherwise amended in the conditions.
Section 2: Pursuant to Section 24 -6 -207 of the Aspen Municipal
Code City Council does hereby grant Vested Rights approval for the
Oxley Lot Split as follows:
1 . The rights granted by the site specific development plan
approved by this Ordinance shall remain vested for three (3)
years from the date of final adoption specified below.
However, any failure to abide by the terms and conditions
attendant to this approval shall result in forfeiture of said
vested property rights. Failure to timely and property record
all plats and agreements as specified herein or in the
Municipal Code shall also result in the forfeiture of said
C #364697 12/17/93 11: Rec $20.00 BK 735 PG 644
Silvia. Davis. Pitkin Cnty Clerk, Doc $$.O0
Ordinance No.69
(Series 1993)
vested rights.
2. The approval granted hereby shall be subject to all rights of
referendum and judicial review.
3. Nothing in the approvals provided by this Ordinance shall
exempt the site specific development plan from subsequent
reviews and /or approvals required by this Ordinance or the
general rules, regulations or ordinances of the City provided
that such reviews or approvals are not inconsistent with the
approval granted and vested herein.
4. The establishment herein of a vested property right shall not
preclude the application of ordinances or regulations which
are general in nature and are applicable to all properties
subject to land use regulation by the City of Aspen, including
but not limited to, building, fire, plumbing, electrical and
mechanical codes. In this regard, as a condition of this site
development approval, the developer shall abide by any and all
such building, fire, plumbing, electrical and mechanical
codes, unless an exemption therefrom is granted in writing.
Section 3: The City Clerk shall cause notice of this Ordinance to
be published in a newspaper of general circulation within the City
of Aspen, no later than fourteen (14) days following final adoption
hereof. Such notice shall be given in the following form:
Notice is hereby given to the general public of the approval
of a site specific development plan, and the creation of a
vested property right pursuant to Title 24, Article 68,
Colorado Revised Statutes, pertaining to the following
described property:
The property shall be described in the notice and appended to said
notice.
S ection 4: A ublic hearing on the Ordinance shall be held on the
2 day of 1993 at 5:00 P.M. in the City Council
Chambers, Aspen City Hall, Aspen, Colorado. Fifteen (15) days
prior to the hearing a public notice of the hearing shall be
r
#364691 12/11/93 1 _S Rec $20.00 BK 735 PG 645
Silvia Davis, Pitkin Cnty Clerk, Doc $.OV
Ordinance No. 57-
(Series 1993)
published in a newspaper of general circulation within the City of
Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by by�
the City Council of the City of Aspen on the -1 day of�y«''% v
1993. a:-_,;2 `_'
Joh Bennett, Mayor
' * OF ,� J� ; , ,
ATTEST: ''. i %
. 40 " .�_
thryn. ,ifoch, City Clerk
ORADC `,``
FINALLY, adopted, passed and approved this _a_V day of
1993.
lidz,- a
John Bennett, Mayor
` , ` ATT: T !!1#1-
i • tog"; a / I
athryn och, City C k
• Cordatld,�ft.`��cley
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Leslie Lamont, Planning
RE: Oxley Conditional Use Review
DATE: December 8, 1992 •
SUMMARY: The applicant proposes to construct a single family home
with an attached, 310 square foot (net liveable accessory
dwelling unit. Staff recommends approval of conditional use
�'3z—�
an accessory dwelling unit.
APPLICANT: John Oxley as represented by Sunny Vann
LOCATION: 530 West Francis Street, Aspen
ZONING: R -
APPLICANT'S REQUEST: To provide an attached studio accessory
dwelling unit pursuant to Ordinance 1 requirements.
REFERRAL COMMENTS: 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.
2. Given the continuous problems of unapproved work and
development in public rights -of -way, we would advise the
applicant as follows:
The applicant shall consult city engineering (920 -5080)
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).
3. The applicant shall agree to join any future improvement dis-
tricts which may be formed for the purpose of constructing
improvements in the public right -of -way.
4. Parking - Parking requirements for this proposal are 1 parking
space per bedroom, there are four, and special review for the
•
•
accessory dwelling unit. The parking spaces as indicated on
the site plan submitted with the application is acceptable.
5. Pedestrians should have a five foot unobstructed path in the
right -of -way, which must be indicated on the site plan. In
addition there are several large trees that exist near the
corner of West Francis and Fifth Street that should be pruned
so that there is seven feet clear height from the ground.
This will also improve vehicle site distance.
6. Curb and gutter - The pedestrian walkway and bike plan call
for rolled curb and gutter in the West End. The Engineering
Department is not requiring this to be installed at this time,
but will require the applicant to enter into a curb and gutter
installation agreement with the City of Aspen.
Recommended Conditions:
1. Prior to approval the applicant must submit a revised site
plan to the engineering department, depicting the following:
° drainage plan
° North Fifth Street, West Francis Street, the alley and
any proposed work in the public right -of -way.
2. The applicant will work with the Parks Department for pruning
of the trees.
3. The applicant will enter into a curb and gutter installation
agreement with the City of Aspen.
STAFF COMMENTS:
Conditional Use Review - Pursuant to Section 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; and
RESPONSE: The proposed accessory dwelling unit will be
approximately 310 square feet of net liveable below grade. The
unit will comply with the Housing Guidelines and the requirements
of Ordinance 1. The unit will be deed restricted as a resident
occupied unit for residents of Pitkin County. Provision of an
accessory dwelling unit is consistent with the City's policy to
encourage voluntary development of affordable housing in all
neighborhoods.
B. The conditional use is consistent and compatible with the
2
•
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; and
RESPONSE: The surrounding neighborhood is entirely residential
uses. The accessory dwelling unit is attached to the proposed
single - family residence and will not increase the mass or floor
area of the proposed home. The design of the house would be the
same if the accessory dwelling unit were not included.
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; and
RESPONSE: The attached accessory dwelling unit will have no
adverse effect upon surrounding properties. The proposed residence
will continue to appear as a single - family structure. Six parking
spaces are provided for on -site.
Although the Commission and staff have been concerned about
accessing adu's via mechanical rooms or storage rooms the room is
not included in the 310 square foot net liveable. Yet this storage
room will function as a mud room and storage for the adu providing
a beneficial space for the occupants of the adu.
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; and
RESPONSE: Currently a single family residence occupies the site.
No new services are required to redevelop the site with a primary
residence and a 310 square foot accessory dwelling unit.
E. The applicant commits to supply affordable housing to meet
the incremental need for increased employees generated by the
conditional use; and
RESPONSE: The proposal includes a studio accessory dwelling unit
for employees of Pitkin County. An increase in employees is not
expected by the provision of an accessory dwelling 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 meets the requirements of the Aspen
Area Comprehensive Plan and other requirements of this chapter by
3
c
integrating a community housing need into the redevelopment of the
property.
RECOMMENDATION: Staff recommends approval of the conditional use
for the attached accessory dwelling unit with the following
conditions prior to the issuance of any building permits:
1. the applicant shall, upon approval of the deed restriction by
the Housing Authority, record the deed restriction with the Pitkin
County Clerk, Recorders Office and 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.
2. all representations that are made in the application and those
reviewed and approved by the Planning and Zoning Commission shall
be complied with.
3. the applicant shall submit a revised site plan to the
engineering department, depicting the following:
o drainage plan
o North Fifth Street, West Francis Street, the alley and
any proposed work in the public right -of -way.
4. the applicant shall work with the Parks Department for pruning
of the trees.
5. the applicant will enter into a curb and gutter installation
agreement with the City of Aspen.
6. the adu shall conform with UBC sound attenuation requirements.
RECOMMENDED MOTION: "I move to approve the 310 square foot net
liveable accessory dwelling unit with the conditions as listed in
Planning Office memo dated December 8, 1992."
A TTACHMENTS: Site Plan VLI14
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MEMORANDUM
To: Leslie Lamont, Planning Office
From: Rob Thomson /
Date: November 25, 1992
Re: Oxley Conditional Use Review for an Accessory Dwelling Unit
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.
2. Given the continuous problems of unapproved work and development in public
rights -of -way, we would advise the applicant as follows:
The applicant shall consult city engineering (920 -5080) 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).
3. 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.
4. Parking - Parking requirements for this proposal are 1 parking space per bedroom,
there are four, and special review for the accessory dwelling unit. It is staff's
recommendation that the applicant be required to supply a parking space for the
accessory dwelling unit. The parking spaces as indicated on the site plan submitted
with the application is acceptable.
5. Pedestrians should have a five foot unobstructed path in the right -of -way, which
must be indicated on the site plan. In addition there are several large trees that
exist near the corner of West Francis and Fifth Street that should be pruned so
that there is seven feet clear height from the ground. This will also improve
vehicle site distance.
6. Curb and gutter - The pedestrian walkway and bike plan call for rolled curb and
gutter in the West End. The Engineering Department is not requiring this to be
installed at this time, but will require the applicant to enter into a curb and gutter
installation agreement with the City of Aspen.
Recommended Conditions:
1. Prior to approval the applicant must submit a revised site plan to the engineering
department, depicting the following:
drainage plan
North Fifth Street, West Francis Street, the alley and any proposed work
in the public right -of -way.
2. The applicant will work with the Parks Department for pruning of the trees.
3. The applicant will enter into a curb and gutter installation agreement with the City
of Aspen.
cc: Chuck Roth, City Engineer
CASELOAD92031
C r , :
" 1111
N0V 201992 C■
November 20, 1992 .._�
Aspen /Pitkin County Planning Department'' �--
c/o City Hall
130 S. Galena St. ARCHITECTURE
Aspen, Colorado 81611 PLANNING
Att: Leslie Lamont INTERIORS
Re: Oxley Residence
530 W. Francis
Aspen, Colorado
Dear Leslie,
As we discussed in our meeting Wednesday, with Bill Drueding, you
requested some minor revisions to the A.D.U. we are providing on
the Oxley property. (See attached)
We have eliminated the door through the bunkroom and also
relocated the mechanical room in such a way that it is not
accessed through the unit. The stair to the unit has also been
relocated to the west wall to comply with the Municipal Code of
Aspen. With these revisions the A.D.U. unit is now 310 sq.ft.
If you have any questions or comments, please feel free to call.
Thank you.
Very Truly Yours,
s Hardy
Architect
cc: Sunny Vann
Bill Drueding
CHARLES CUNNIFFE ARCHITECTS • 520 EAST HYMAN AVENUE • ASPEN, COLORADO 81611 • 303/925 -5590 FAX 925 -5076
ASPEN /PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
Phone 920 -5090 FAX 920 -5197
MEMORANDUM
TO: City Engineer
Zoning Administration
FROM: Leslie Lamont, Planning Office
RE: Oxley Conditional Use Review for an Accessory Dwelling Unit
DATE: November 9, 1992
Attached for your review and comments is an application submitted by John Oxley.
Please return your comments to me no later than November 23, 1992.
Thank you.
PUBLIC NOTICE
RE: OXLEY CONDITIONAL USE REVIEW FOR AN ACCESSORY DWELLING UNIT
NOTICE I8 HEREBY GIVEN that a public hearing will be held on
Tuesday, December 8, 1992 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 John Oxley, 1300 Williams Tower, 1 West 3rd, Tulsa,
OK requesting approval of a Conditional Use Review for a 355 square
foot employee dwelling unit located on the lower level of a new
single - family residence. The property is located at 530 West
Francis Street, Lots K & L, Block 27, City and Townsite of Aspen.
For further information, contact Leslie Lamont at the Aspen /Pitkin
Planning Office, 130 S. Galena St., Aspen, CO 920 -5090.
s /Jasmine Tycire, Chairman
Planning and Zoning Commission
ASPEN /PITKIN PLANNING OFFICE
130 S. Galena Street
Aspen, Colorado 81611
(303) 920 -5090 FAX# (303) 920 -5197
November 9, 1992
Sunny Vann
Vann Associates
230 E. Hopkins
Aspen, CO 81611
Re: Oxley Conditional Use. Review for an Accessory Dwelling Unit
Case A85 -92
Dear Sunny,
The Planning Office 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, December 8, 1992
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
Planning Office.
Please note that it is your responsibility to mail notice to property owners
within 300' and to post the subject property with a sign prior to the public
hearing on or before November 28, 1992. 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 Leslie Lamont, the planner assigned
to your case.
Sincerely,
Suzanne L. Wolff
Administrative Assistant
VANN ASSOCIATES
Planning Consultants
November 2, 1992
HAND DELIVERED
Ms. Leslie Lamont
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: Oxley Conditional Use Review
Dear Leslie:
Please consider this letter an application for conditional use review for an accessory
dwelling unit (see Pre - Application Conference Summary attached hereto as Exhibit
1). The unit will be located within a new single- family residence which is to be con-
structed at 530 West Francis Street in the City of Aspen. A growth management
quota system (GMQS) exemption for the proposed unit is also requested. The
application is submitted by John C. Oxley, the owner of the property (see Exhibit 2,
Title Insurance Policy). A letter granting permission for Vann Associates to repre-
sent the Applicant is attached as Exhibit 3.
Project Site
As the accompanying survey indicates, the Applicant's property consists of Lots K
and L, Block 27, City and Townsite of Aspen. The lot is zoned R -6, Medium -
Density Residential, and contains approximately six thousand (6,000) square feet of
land area. Existing man -made improvements consist of a single- family residence and
an attached garage. The property's topography is essentially flat. Natural vegetation
includes several large aspen and evergreen trees. Existing utilities are available at
the perimeter of the lot.
Proposed Development
The Applicant intends to demolish the existing single- family structure and to
construct a new residence on the property. Pursuant to Section 8- 104.A.1.c. of the
Aspen Land Use Regulations, the replacement of a demolished single- family
residence is exempt from the City's growth management quota system subject to the
payment of an affordable housing impact fee, the provision of an on -site accessory
dwelling unit, or the deed restriction of the structure to resident occupancy. To
230 East Hopkins Avenue • Aspen, Colorado 81611 •303/925 -6958 • Fax 303/920 -9310
Ms. Leslie Lamont
November 2, 1992
Page 2
meet the City's requirements, the Applicant proposes to incorporate an accessory
dwelling unit within the new single- family structure.
As the attached architectural drawings illustrate (see Exhibit 4), the proposed
accessory dwelling unit will be located on the new residence's lower level. The unit
will be configured as a studio, and will contain approximately three hundred and
fifty -five (355) square feet of net livable area. Primary access to the unit will be
provided via an exterior stair located at the rear of the residence. While no parking
is specifically required for the proposed unit, adequate area exists at the rear of the
residence to accommodate a tenant's vehicle in the event required.
Review Requirements
The proposed accessory dwelling unit is subject to the receipt of conditional use
approval and an exemption from the City's growth management quota system. The
unit must also comply with the accessory dwelling unit provisions of the Aspen Land
Use Regulations and the dimensional requirements of the underlying zone district.
Each of these review requirements is discussed below.
1. Conditional Use Review
An accessory dwelling unit is a conditional use in the R -6 zone district. As a
result, such units are subject to the review and approval of the Planning and Zoning
Commission. The specific review criteria for conditional uses are contained in
Section 7 -304 of the Land Use Regulations. The proposed unit's compliance with
these criteria is summarized 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."
The proposed accessory dwelling unit has been designed to comply
with the requirements of Section 5- 508.A. of the Regulations. The studio unit will
contain approximately three hundred and fifty -five (355) square feet of net livable
area, is located within the proposed single - family structure, and will be deed re-
stricted pursuant to the Housing Authority's "Resident Occupancy" guidelines. The
proposed accessory unit is consistent with the purpose of the R -6 zone district and
with the City's policy of encouraging the voluntary development of such units in its
residential neighborhoods. The 1973 Aspen Land Use Plan designates the property
as single - family residential, which is reflected in the underlying zone district classifi-
cation.
b) "The conditional use is consistent and compatible with the
character of the immediate vicinity of the parcel proposed for development and
Ms. Leslie Lamont
November 2, 1992
Page 3
surrounding land uses, or enhances the mixture of complimentary uses and activi-
ties in the vicinity of the parcel proposed for development."
The area immediately surrounding the project site is devoted entirely
to residential uses. The inclusion of an accessory dwelling unit within the proposed
single- family residence is a desirable compliment to free market residential develop-
ment and, as discussed above, consistent with current community goals and objec-
tives.
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."
The inclusion of an accessory dwelling unit within the proposed single -
family residence will have no adverse effect upon surrounding properties. As the
accessory unit will be located within the proposed residence, no additional visual
impact will occur. The proposed residence will continue to appear as a single- family
structure. Parking for the unit can be provided on -site if necessary, and no signifi-
cant impact is anticipated on the existing road system.
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."
All utilities and the public road system are adequate to serve the
proposed conditional use. Given the limited nature of the use, no adverse impact on
such public facilities as hospitals, schools, etc. is anticipated.
e) "The Applicants commit to supply affordable housing to meet
the incremental need for increased employees generated by the condition use."
The proposed free market unit is exempt from growth management.
As a result, the provision of affordable housing is optional as opposed to required.
The Applicant's voluntary inclusion of an accessory dwelling unit within the proposed
residence, therefore, should be viewed as a positive contribution to the solution of
the community's affordable housing problem.
fj "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."
Ms. Leslie Lamont
November 2, 1992
Page 4
As discussed under criteria #1 above, the proposed conditional use is
consistent with the Aspen Area Comprehensive Plan, the purpose of the underlying
zone district, and the specific standards which govern such uses. The structure in
which the accessory use is located has been designed in compliance with all applica-
ble dimensional requirements of the R -6 Zone District. The Applicant is aware of
no other standards or review requirements which pertain to the development of the
proposed unit.
2. Growth Management Quota System Exemption
Pursuant to Section 8- 104.B.1.d., the Planning and Zoning Commission may
exempt from the City's GMQS regulations one (1) accessory dwelling unit located on
a parcel containing a single - family structure. As there are no specific exemption
review criteria, compliance with the accessory dwelling unit provisions of Section 5-
508.A., and the receipt of conditional use approval, should be sufficient to warrant
approval of the requested GMQS exemption.
Should you have any questions, or require additional information, please do not
hesitate to call.
Yours truly,
VANN AS CIATES
Sunny Vann CP
SV:cwv
Attachments
cc: Jim Hardy, Charles Cunniffe Architects
c:\bus\city.app \app20692.cu
CITY OF ASPEN
• PRE- APPLICATION CONFERENCE SUMMARY EXHIBIT 1
PROJECT: f x I 'e- `�} Q Q L) / c' ' . ' .
APPLICANT'S. REPRES t )l)vm . \J 0 �
REPRESENTATIVE'S PHONE: C c — ` J
OWNER' S NAME: ' Y'\ C • 0\ l
SUMMARY
1. Type of Application: Cc e.JQ • V) TR-Q
2. Describe action /type of development being requested:
as , . . .s i .L.2- -cc3 A 1 J
VCS/
- 3 . Areas is which Applicant has been requested to respond,
types of reports requested:
. Policy Area/
Referral Agent Comments
p
• ^ -
(CC Only) (P&Z then to CC)
4. Review is� (P &Z Only) ( Y)
5. Public Hearing: (� YES) (NO) tm
6. Number of copies of the application to be submitted: ,-`>
7. What fee was applicant requested to submitf ' r(m 1 n_
8. Anticipated date of submission: m ) R i" ��
9. COMMENTS /UNIQUE CONCERNS:
frm.pre_app
".
r. ISSUED BY EXHIBIT 2
Commonwealth. POLICY NUMBER
Land Title Insurance Company 1 8- 0 5 3 if 2 2
OWNER'S POLICY OF TITLE INSURANCE
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B
AND THE CONDITIONS AND STIPULATIONS, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania
corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount
of Insurance stated in Schedule A, sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided
in the Conditions and Stipulations.
IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be
hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the I_
Company.
1
COMMONWEALTH LAND TITLE INSURANCE COMPANY
Attest: ( � a O Me B -I
U /y 0/
W
Secretary Z . O President
O •.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys'
fees or expenses which arise by reason of:
1. (a) Any law. ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) �I
restricting- regulating, prohibiting or relating to (i) the occupancy, use. or enjoyment of the land; (ii) the character, dimensions or location of
= any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or
any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws. ordinances or
governmental regulations. except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting •
from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a
defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date i 'I _I
of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy. but not excluding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without
� knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant:
(b) not known to the Company, not recorded in the public records at Date of Policy. but known to the insured claimant and not disclosed
in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy:
(c) resulting in no loss or damage to the insured claimant; 1 t l
(d) attaching or created subsequent to Date of Policy; or
I (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured 1
by this policy.
A. ,1
American Land Title Association Owner's Policy (I0- 21 -87)
Face Page Valid Only If Schedule A. B and Cover Are Attached
Commonwealth®
Land Title Insurance Company
SCHEDULE A- OWNER'S POLICY
CASE NUMBER DATE OF POLICY AMOUNT OF INSURANCE POLICY NUMBER
PCT -6640 8/6/92 @ 1:52 P.M. S 1.100.000.00 128- 053423
1. NAME OF INSURED:
JOHN C. OXLEY
2. THE ESTATE OR INTEREST IN THE LAND HEREIN AND WHICH IS COVERED BY THIS POLICY IS:
IN FEE SIMPLE
3. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN:
JOHN C. OXLEY
4. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS:
LOTS K AND L. BLOCK 27. CITY AND T.OWNSI OF ASPEN. COUNTY OF PITKIN. STATE OF
COLORADO.
PITKIN COUNTY TITLE. INC.
�!! /L U / �i / / /.L'�� // 601 E. HOPKINS AVE.
Co • .tees -ened .:thorized Aeent ASPEN. COLORADO 81611
(303) 925 -1766
THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST AGREE WITH THE PREPRINTED NUMBER ON THE
COVER SHEET
IA Commonwealth®
Land Title Insurance Company
SCHEDULE B- OWNERS
CASE NUMBER DATE OF POLICY POLICY NUMBER
PCT -6640 8/6/92 @ 1:52 P.N. 128- 053423
THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements. or claims of easements, not shown by the public records.
3. Discrepancies. conflicts in boundary lines. shortage in area. encroachments. and any
facts which a correct survey and inspection of the premises would disclose and which
are not shown by the public records.
4. Any lien. or right to a lien. for services. labor. or material heretofore or hereto -
after furnished. imposed by law and not shown by the public records.
5. Unpatented mining claims, reservations or exceptions in patents or in Acts authoriz-
ing the issuance thereof: water rights. claims or title to water.
6. Taxes for the year 1992 not yet due or payable.
7. Reservations and exce_tions as contained in the Deed from the City of Aspen,
providing as follows:
"Provided that no title shall be hereby acquired to any mine of gold. silver,
cinnabar or copper or to any valid mining claim or possession held under existing
laws."
EXCEPTIONS NUMBERED 1. 2. 3 & 4 ARE HEREBY OMITTED.
EXHIBIT 3
October 25, 1992
HAND DELIVERED
Ms. Kim Johnson
Aspen /Pitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: Permission to Represent
Dear Ms. Johnson:
Please consider this letter authorization for Sunny Vann of
Vann Associates, Planning Consultants, to represent me in
the processing of my application to include an accessory
dwelling unit in my new residence which is to be construct-
ed at 520 West Francis Street in the City of Aspen. Mr.
Vann is hereby authorized to act on my behalf with respect
to all matters reasonably pertaining to the aforementioned
application.
Should you have any questions, or if I can be of any fur-
ther assistance, please do not hesitate to call.
Sincerely,
Joh C. Oxley
1300 Williams Tower
1 west 3rd.
Tulsa, OK 22174
Aopcn, CO 01611
(303) 925 4:10
SV:cwv
EXHIBIT 4
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