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Home My WebLink AboutLand Use Case.CU.530 W Francis St.A85-925 �0 0 5� Oxley Cond. Use Review for ADU 2735-124-10-004/ Case# A85-92 C CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 11 02 92 PARCEL ID AND CASE NO. DATE COMPLETE: 0 G 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 Oxle 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 $ # PLATS RECEIVED 3 HOUSING $ ENV. HEALTH $ TOTAL $ NJC TYPE OF APPLICATION: STAFF APPROVAL: P&Z Meeting Date � 1 STEP: x 2 STEP: PUBLIC HEARING: YE5 NO VESTED RIGHTS: Y S NO CC Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO DRC Meeting Date LS: IFE 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 Envir.Hlth. ACSD Other Zoning zZ Energy Center Other DATE REFERRED: 1�1 INITIALS: �� DUE: v 3 FINAL ROUTING: DATE ROUTED: ;-�3�' INITIAL: City Atty City Engineer Zoning Env. Health Housing Open Space Other: FILE STATUS AND LOCATION: 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 . OXrLEY By un ann The foregoing Affidavit of Public Notice was acknowledged and signed before me this �" I day of ,NOY004r, 1992, by Sunny Vann on behalf of JOHN C. OXLEY. Dec,ecober' WITNESS my hand and official seal. My commission expires: � 11_961gt) atic� �Gc�� Notary Public ON PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, 3RD FLOOR Vincent J. Higens ASPEN, COLORADO 81611 President 303-925-1766 : 303-925-6527 FAX ADJACENT OWNER'S STATEMENT Christina Davis Vice President 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 AssPv.sors Tax Rolls. NAMES AND ADDRESSES BRIEF LEGAL DESCRIPTION -------------------------------------------------------------------------- PLEASE REFER TO LIST ATTACHED HERETO AND MADE A PART HEREOF AUTHORIZED SIGNATURE • 609 CORPORATION LOT G, BLOCK 21, ASPEN P.O. BOX 1819 ASPEN CO B1612 ANNE J. AUSTIN EAST 1/2 OF LOT H, ALL OF LOT 1. BLOCK 22, ASPEN 601 WEST FRACIS STREET ASPEN CO 81611 ANNE W. BURROWS UNIT A, SMUGGLER CONDOS 505 NORTH STH STREET ASPEN CO 81611 ANNE W. BURROWS UNIT B. SMUGGLER, CONDOS 505 NORTH 5TH STREET ASPEN CO 81611 CAROL REED UNIT B, CLARK'S ADD CONDO SUITE 8 950 WEST BERWYN CHICAGO IL 50540 CAARL ES L. HALL AND LOTS H AND 1. BLOCK 21, NANCY W. TATE ASPEN P.O. BOX 1819 ASPEN CO 81612 CHRISTOPHER E. AND MICHAEL K. DAYTON LOTS D AND E. BLOCK 28 AND MARTHA S. CROZIER ASPEN C/O 4122 IDS CENTER MINNEAPOLIS MN 55402 CHRISTOPHER H. SMITH UNIT B, 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 WEST 71/2 FEE-7 OF 126 PINE DRIVE LOT P. BLOCK 22, ASPEN FAIRFAX CA 94930 • • DON STAPLETON, DAIVD E. STAPLETON LOTS A, B AND C, BLOCK 28 DARRELL L. STAPLETON ASPEN D.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 525 W. FRANCIS, UNIT B 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 & D, BLOCK SHARON G. CARISCH 27, ASPEN '.9760 LAKEVIEW AVENUE EXCELSIOR MN E5331 °ELEN R. SCALES UNIT A, STARRI CONDOS ^25 WEST FRANCIS STREET ASPEN CO 81611 :KVING AZOFF AND LOTS X AN"' I, BLOCK 27, ROCHELLE AZOFF ASPEN 2C4 L ADERA DRIVE :EVERLY HILLS CA 90210 JACK E. SILVERMAN LOT P, BLOCK 21, ASPEN 0.0. BOX 2610 SANTE FE NM 87501 ;ACK PRESS LOTS M AND N, BLOCK 27, ASPEN '525 SOUTH BAYSHORE DRIVE rIAMI FL 33133 TAMES P. IGLEHART LOTS P AND 0, EXCEPT THE WEST 7 1/2 FET OF LOT P, :1C WEST HALLAM BLOCK 22, ASPEN ASPEN CO 81611 9 LJ • JOHN E. THORPE AND NANCY M. THORPE 615 WEST FRANCIS ASPEN CO 81611 JOHN F. SHAFROTH AND DIANA H. SHAFROTH 288 CLAYTON STREET, STE 303 DENVER CO 80206 LINDA MC CAUSLAND P.O. BOX 1584 ASPEN CO 81612 MARCIA A. CORBIN P.O. BOX 9312 ASPEN CO 81612 MARILYN BURNETT TRUSTEE OF WILLIAMS FAMILY TRUST P.O. BOX 1085 ASPEN CO 81612 MURRY GELL-MAN 70% HARRY E. GRAY 30% 452-48 CALIFORNIA INST. OF TECH. PASADENA CA 91125 PASCHEN CONTRACTORS, INC. 1/2 INT. AND JAMES B. & DE LLA HARDER 1/2 IN' 2739 N. ELSTON AVENUE CHICAGO it 60647 R. BRI'--L KEY AND ELIZABETH R. KEY 215 BYRAM SHORE ROAD GREENWICH CT 06B36 RICHARD BECKER KENDALL AND L ISA SEE KENDAL L 17975 PROTO MARINA WAY PACIFIC PALISADE CA 90272 RICHARD GOLD 300 ST. PIERRE ROAD LOS ANG LES CA 90024 LOTS E AND F, BLOCK 22 ASPEN LOTS K. L AND M, BLOCK 28 ASPEN ALL OF LOT G. WEST 1/2 OF LOT H, BLOCK 22, ASPEN UNIT C, SMUGGLER CONDOS LOTS 0 AND P, BLOCK 27, ASPEN LOTS 0, R AND S, BLOCK 27 ASPEN LOTS 0, R AND S. BLOCK 26 ASPEN LOTS P AND 0, BLOCK 28. ASPEN LOTS E, F AND G, BLOCK 27, ASPEN LOTS R AND S, BLOCK 22, ASPEN J • RICHARD SETH STALEY AND DONALD KELTNER 12100 WILSHIRE BLVD. STE.730 LOS ANGELES CA 90025 ROBERT DOUGLAS RITCHIE AND RENEE NESPECA RITCHIE 701 WEST FRANCIS STREET ASPEN CO 81611 ROBERT I. BLAICH AND JANET S. BL AICH 319 NORTH FOURTH STREET ASPEN CO 81611 SALLY RAE GLENN 504 WEST HALLAM AVENUE ASPEN CO 81611 STEPHEN MAROLT P.O. BOX 82 ASPEN CJ 8?612 THORNE DONNELLEY, JR. 540 WEST SMUGGLER AVENUE ASPEN CO 81611 VIVIENNE ESTELLE JONES AND ANDREW DOREMUS P.O. BOX 317 ASPEN CO 81512 VIVIENNE ESTELLE JONES AND ANDREW DOREMUS P.O. BOX 317 ASPEN CO 81612 WAVA TURNER P.O. BOX 973 ASPEN CO 81612 WILLIAM G. KANE AND CAROL YN W. KANE P.O. BOX 8716 ASPEN CO 81612 UNIT S. OLIYER CARR CONDO LOTS K AND L, BLOCK 21, ASPEN UNIT A, CLARK'S ADD CONDO LOTS R AND S. BLOCK 28, ALL OF LOT A, WEST 1/2 OF LOT B, BLOCK 21, ASPEN LOTS K, L AND M, BLOCK 26 ASPEN LOT 0, BLOCK 21, ASPEN LOTS R AND S, BLOCK 21, ASPEN LOTS A AND B, BLOCK 22. UNIT A. REEDS HOUSE CONDO i#364697 1 .' 1 ; 9' 1 1 : ?��,:ec-:, i,ci IMF::: 735 Fv 642 Silvia. D_ivis, Pitkin Cnty Clerk-, Doc_ 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: # 64697 1 '/ 1. 7 /93 11 : 29ReC i�, cii� E,*:, 735 PG Si'via. D-avis, Pit[:.-inL'nty Clerk. b43 Doc Ordinance No. �i (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 public shall obtain permits from 4 F, right-of-way including landscaping the City Streets Department. 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. 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. 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 i 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 b application and duringY the applicant in the shall be adhered to and City meetis with e of to Council unless otherwise amended in the conditions. approval, SluCtion 2: Pursuant to Section 24-6-207 of the Aspen Municipal C0,r 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 b attendant to this a Y the terms and conditions 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 • #:364697 12/ 17/93 11 � nec $2"C). Bf::: 735 Pig 644 Silvia. Davis, Pitk:in Cnty Clerk:, Doc Ordinance No. J11 (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. Section 4: A ublic hearing on the Ordinance shall be held on the '7-7day 'In A 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 • #36 4697 12/ 1 7 /9-3 108 Rec $ 'i). i)i) Bk:: 735 F'h 645 Silvia Davis, F'itkin Cnty Clerk, Doc Ordinance No.-5�v (Series 1993) published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the day of , 1993. Joh Bennett, Mayor •� OF 4 J,• ATTEST: �y "thryn .�Roch, " City Clerk o� 0 R A 0 rA FINALLY, adopted, passed and approved this day of 1993. i ATTPtT. y kathryn oviI�W c9d► Vi s ,Oi l ey , City Clerk �3 John Bennett, Mayor 0 0 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 o an accessory dwelling unit. APPLICANT: John Oxley as represented by Sunny Vann. - LOCATION: 530 West Francis Street, Aspen ZONING: R-6 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 • 9 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 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: drainage plan 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." ATTACHMENTS: Site Plan n 4 z JN I T i ?0 A6E 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 staffs 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 CASE.OAD92031 z 1 IFr' f 'SOY 2 010 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, Jamos Hardy Architect cc: Sunny Vann Bill Drueding CHARLES CUNNIFFE ARCHITECTS • 520 EAST HYMAN AVENUE • ASPEN, COLORADO 81611 • 303/925-5590 FAX 925-5076 ASPENTITKIN 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 IS 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 Tygre, Chairman Planning and Zoning Commission ASPEN/PITKIN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (303) 920-5090 FAX# (3.03) 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 • U 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 301920-9310 • • 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. 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." • • 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 ASSOCIATES Sunny VannWCP SV:cwv Attachments cc: Jim Hardy, Charles Cunniffe Architects c:\bus\city.app\app20692.cu • CITY OF ASPEN • PRE -APPLICATION CONFERENCE SUMMARY PROJECT. APPLICANT'S-REPRESENTATIVE:C REPRESENTATIVE'S PHONE: J 1C) / Q ('0 EXHIBIT 1 OWNER' S NAME: 7 Y I U SUMMARY 1. Type of Application: 2. Describe action/type of development being requested: UST � - • 3. Areas is which Applicant has been requested to respond, types of reports requested: Policy Area/ p ,Referral Accent Comments P&Z then to CC) 4. Review (P&Z Only) (CC only) 5. Public Hearing: (YESJ (NO) 6. Number of copies of the application to be submitted: �— 7. What fee was applicant requested to submit: 8. Anticipated date of submission: 9. COMMENTS/UNIQUE CONCERNS: frm.pre_aPP ISSUED BY EXHIBIT 2 MCommonwealth. POLICY NUMBER Land Title Insurance Company 12 ° — Q CS 3 Lu 2 3 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. Unmarkctability 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 Company. Attest: v U Secretary COMMONWEALTH LAND TITLE INSURANCE COMPANY �p t1T[E1 1` , y0' W +Presidem 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) 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 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: (d) attaching or created subsequent to Date of Policy: or (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 by this policy. American Land Title Association Owner's Policy (10-21-87) Face Page Valid Only If Schedule A. B and Cover Are Attached Fnrm 11A1-7 • • 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 C 1:52 P.M. S 1.100.000.00 128-053423 :. NAME OF INSURED: JOHN C. OXLEY 2. THE ESTATE OR INTEREST. IN THE LAND HEREIN AND WHICH IS COVERED BY THIS POLICY IS: I\ FEE SIMPLE 3. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN: JOHN' C. ONLEY 4. THE LAND REFERRED TO -I'� THIS POLICY IS DESCRIBED AS FOLLOWS: LOTS K AND L. BLOCK 27. CITY AND TOW\SITE OF ASPEN. COUNTY OF PITKIN. STATE OF COLORADO. PITKIN COUNTY TITLE. INC. 601 E. HOPKINS AVE. ''o .te_ s_gred a or -zed Aaer ; ASPEN. COLCRADC 81611 l3031 925-1766 Tvr POLICY NUMBER SHOWN ON THIS SCHEDULE MUST AGREE WITH THE PREPRINTED NUMBER ON THE COVER SHEET • Commonwealth® Land Title Insurance Company SCHEDULE B-OWNERS CASE NUMBER DATE OF POLICY PCT-6640 8/6/92 @ 1:52 P.M. • POLICY NUMBER 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. Cnpatented 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 exceptions as contained in the Deed from the City of Aspen, providing as follows: "Provided that no title shall be hereby acquired to any Nine 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. 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