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HomeMy WebLinkAboutLand Use Case.CU.134 E Bleeker St.A29-92PENN N. USE ADU l P7(e��,er 2737-0o73-15-002EV. FOR ANA29-92 C 1� 0 CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 04403192 PARCEL ID AND CASE NO. DATE COMPLETE: 2737-073-15-002 A29-92 STAFF MEMBER: LL PROJECT NAME: Penn Conditional Use Review for an A.D.U. Project Address: 134 East Bleeker Legal Address: E. 15' of Lot R, Lot S, T10S, R84W APPLICANT: Susan and Paul Penn Applicant Address: 9505 Copley Dr, Indianapolis, IN REPRESENTATIVE: Jake Vickery; Bill Poss & Associates Representative Address/Phone: 605 East Main Street Aspen, CO 8.1611 925-4355 PAID:(YES) NO AMOUNT: $ N/C NO. OF COPIES RECEIVED 3 / 3 TYPE OF APPLICATION: 1 STEP: X 2 STEP: P&Z Meeting Datel!�45 /9PUBLIC HEARING: Q NO CC Meeting Date VESTED RIGHTS: YES NO PUBLIC HEARING: YES VESTED RIGHTS: YES NO no] Planning Director Approval: Paid: Insubstantial Amendment or Exemption: Date: REFERRALS: City Attorney Mtn Bell School District City Engineer Parks Dept. Rocky Mtn NatGas Housing Dir. Holy Cross State HwyDept(GW) Aspen Water Fire Marshall State HwyDept(GJ) City Electric Building Inspector Envir.Hlth. Roaring Fork Other arl�� j Aspen Con . S . D . Energy Center rh d�� v DATE REFERRED: INITIALS: FINAL ROUTING: DATE ROUTED: II 3 INITIAL: City Atty City Engineer Zoning Env. Health Housing Other: FILE STATUS AND LOCATION: 5. The construction drawings submitted for permit must have provisions for maintaining all but historical storm run-off on site, i.e. drywells and must be reviewed by the Engineering Department. 6. All representations that are made in the application and those reviewed and approved by the Planning and Zoning Commission shall be complied with. 7. The applicant shall provide a small shed roof gable over the entry to the detached accessory dwelling unit. APPROVED by the Commission at its regular meeting on June 2, 1992. At st: Pla ' g Zoning mmission: Jan/Carney, De uty City Clerk !/<CE — C h r/L^11W zv saa c E le&e 2- 0 Iq RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR CONDITIONAL USE APPROVAL OF THE DETACHED ACCESSORY DWELLING UNIT LOCATED AT 134 EAST BLEERER STREET, ASPEN COLORADO Resolution No. 92--//_ WHEREAS, the Planning and Zoning Commission held a public meeting May 5, 1992; and WHEREAS, pursuant to Section 5-508 a detached accessory dwelling unit is a conditional use review requiring a public hearing; and WHEREAS, the Planning staff recommended approval of the detached accessory dwelling unit with conditions; and WHEREAS, the Commission amended the recommendation requiring a snow shed roof over the front entrance. NOW, THEREFORE BE IT RESOLVED by the Commission that it does hereby approve the conditional use for a detached accessory dwelling unit located at 134 East Bleeker Street with the following conditions prior to the issuance of any building permits: 1. The applicant shall submit the appropriate deed restriction to the Housing Authority for approval. 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. Upon approval by the Housing Authority, the applicant shall record the deed restrictions with the Pitkin County Clerk and Recorder's office. 2. A copy of the recorded deed restriction for the accessory dwelling unit must be forwarded to the Planning Office. 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. The applicant shall submit floor plans and elevations of the carriage house accurately describing the layout and living space of the unit for Housing Authority approval. MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Leslie Lamont, Planning RE: Penn Conditional Use Review DATE: May 5, 1992 ----------------------------------------------------------------- ----------------------------------------------------------------- SUMMARY: The applicant proposes to remodel a single family home and remodel the detached carriage house providing an approximately 307 square foot (net liveable), accessory dwelling unit. Staff recommends approval of conditional use for a detached accessory dwelling unit. APPLICANT: Susan and Paul Penn as represented by Jake Vickery LOCATION: 134 East Bleeker, Aspen ZONING: R-6 APPLICANT'S REQUEST: To provide a detached studio accessory dwelling unit. REFERRAL COMMENTS: Engineering - Having reviewed the above 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 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. Right-of-way - the new driveway cannot exceed ten feet in width and requires an excavation permit for construction. In addition, any other design considerations of development within public right- of-way must be approved by either the streets department, the engineering department or the parks department. Landscaping shall be provided in the public right-of-way adjoining the building site in accordance with the adopted street landscaping plan. Recommended Conditions of Approval 1. The construction drawings submitted for permit must have provisions for maintaining all but historical storm run-off on site, i.e. drywells. 2. The applicant shall agree to join any future improvement districts which may be formed for the purpose of constructing improvements in the public right-of-way. Housing - Having reviewed and the plans and made a site visit the Housing Authority has the following comments: 1. Prior to the issuance of any building permits the applicant shall submit floor plans and elevations of the carriage house accurately describing the layout and living space of the unit for Housing Authority approval. 2. applicant shall record a standard deed restriction for an accessory dwelling unit. 3. The unit is just barely over the minimum size for a studio unit, the Housing Authority staff strongly recommends that if acceptable to the HPC and planning office, an exterior deck on the west elevation should be provide for a more adequate dwelling unit. 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 307 square feet on the second floor of the existing detached carriage house. The applicant will comply with the Housing Guidelines and deed restrict the unit 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 affordable housing in all neighborhoods. In addition the applicant is converting an existing detached carriage housing which is consistent with the goals of the Cottage Infill program. 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; and RESPONSE: Cottage Infill was a program designed with the West End in mind. This carriage house is on the alley and will be the second type of accessory dwelling unit on this alley. The provision of the accessory dwelling unit in the carriage house will not increase the size of the building unless the applicant extends a second floor balcony to provide an outdoor amenity. However any 2 0 • exterior changes to the carriage house will be reviewed by the HPC for historic compatibility. 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 accessory dwelling unit will have no adverse effect upon surrounding properties. The carriage house will continue to appear the same. although the unit is only 307 square feet of net liveable a site visit confirmed that the unit is very liveable. To help offset the small unit size staff is strongly recommending the provision of a second floor balcony to provide some private outdoor space for the tenants thus enhancing the liveability of the unit. 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 protec- tion, emergency medical services, hospital and medical services, drainage systems, and schools; and RESPONSE: No new services are required to redevelop the site with a primary residence and a 307 square foot accessory dwelling unit with three parking spaces. The Engineering Department is requiring the applicant to maintain historic storm runoff patterns and any increased storm runoff must be contained on -site. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; and RESPONSE: The 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 integrating a community housing need into the redevelopment of the property. RECOMMENDATION: Staff recommends approval of the conditional use for the detached accessory dwelling unit with the following conditions prior to the issuance of any building permits: 1. The applicant shall submit the appropriate deed restriction 3 • • to the Housing Authority for approval. 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. Upon approval by the Housing Authority, the applicant shall record the deed restrictions with the Pitkin County Clerk and Recorder's office. 2. A copy of the recorded deed restriction for the accessory dwelling unit must be forwarded to the Planning Office. 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. The applicant shall submit floor plans and elevations of the carriage house accurately describing the layout and living space of the unit for Housing Authority approval. 5. The construction drawings submitted for permit must have provisions for maintaining all but historical storm run-off on site, i.e. drywells and must be reviewed by the Engineering Department. 6. All representations that are made in the application and those reviewed and approved by the Planning and Zoning Commission shall be complied with. ATTACHMENTS: Site Plan IDK�rn us 4 J 3- I , 01. I _ 3CLOSET I I• I� SLO . I NEW GABLE END ROOF ' DNEF VING/BEDROO / rb"ERS 7CLO-S \Ej �7f 00 I DINING. _ KITCHEN i TNT "' � w OIL t,,t-,OSE T ly: D� (�-J- //:NDU �, p[ �. NEW GABLE END ROOF 00 3EDROO 7' ,DINING; -IEN -1361-LET ')'SING op PIZ :�; �.: �� ��;:..,, J�w,y,'y 1 :.E�. rJ ��ii�fl„'r� ;�.; �!' �� 'fir.►.: ,,.!'' �, ': �; Y u F" a 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: PENN CONDITIONAL USE REVIEW FOR AN ACCESSORY DWELLING UNIT Parcel ID No. 2737-073-15-002 DATE: April 8, 1992 Attached for your review and comments is an application submitted by Jake Vickery, representing Susan and Paul Penn, requesting a Conditional Use Review for an Accessory Dwelling Unit. Please return your comments to me no later than April 22, 1992. Bill, could you please look at the net liveable and see if it is correct? Thank you. • • MEMORANDUM To: Leslie Lamont, Planning Office From: Rob Thomson, Project Engineer QS� Date: April 22, 1992 Re: Penn Conditional Use Review Having reviewed the above 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 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. Right-of-way - the new driveway cannot exceed ten feet in width and requires an excavation permit for construction. In addition, any other design considerations of development within public right-of-way must be approved by either the streets department (920-5080), the engineering (920-5080) department or the parks department (920-5120). Landscaping shall be provided in the public right-of-way adjoining the building site in accordance with the adopted street landscaping plan. Recommended Conditions of Approval 1. The construction drawings submitted for permit must have provisions for maintaining all but historical storm run-off on site, i.e. drywells. 2. The applicant shall agree to join any future improvement districts which may be formed for the purpose of constructing improvements in the public right-of-way. cc Chuck Roth, City Engineer • 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: PENN CONDITIONAL USE REVIEW FOR AN ACCESSORY DWELLING UNIT Parcel ID No. 2737-073-15-002 DATE: April 8, 1992 Attached for your review and comments is an application submitted by Jake Vickery, representing Susan and Paul Penn, requesting a Conditional Use Review for an Accessory Dwelling Unit. Please return your comments to me no later than April 22, 1992. Bill, could you please look at the net liveable and see if it is correct? Thank you. --------------- 0-k' at, "4 ci�j'e— V/ N so ASPEN/PITKIN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (303) 920-5090 FAX# (303) 920-5197 April 8, 1992 Mr. Jake Vickery Bill Poss & Associates 605 East Main Street Aspen, CO 81611 Re: Penn Conditional Use Review for an Accessory Dwelling Unit Case A29-91 Dear Jake: 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, May 5, 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' (this notice is enclosed) and to post the subject property with a sign prior to the public hearing on May 5, 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, Cindy Christensen Administrative Assistant form:complete.apz.ph so so PUBLIC NOTICE TO ADJACENT PROPERTY OWNERS RE: PENN CONDITIONAL USE REVIEW FOR AN ACCESSORY DWELLING UNIT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, May 5, 1992 at a meeting to begin at 4:30 pm before the Aspen Planning & Zoning Commission, 2nd floor Meeting Room, 130 South Galena Street, Aspen, Colorado to consider an application submitted by Susan and Paul Penn, represented by Jake Vickery, Bill Poss & Associates, 605 East Main Street, Aspen, CO 81611, requesting a conditional use review for a detached accessory dwelling unit. Property location: Lot S and the Easterly 15 feet of Lot R, Block 65, Township 10 South, Range 84 West, Section 7, also known as 134 East Bleeker. 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 ARCHITECTURE AND PLANNING, P.C. • 605 E. MAIN • ASPEN, CO 81611 • TEL.: 303 925 4755 • FAX: 303 920 2950 DATE ■ April 20, 1992 PROJECT ■ Penn Residence Job #9210 TO ■ Leslie Lamont FROM ■ Jake Vickery - Project Architect NO. OF PAGES ■ APB, i 1 IF YOU DO NOT RECEIVE DESCRIPTION ALL PAGES, CALL IMMEDIATELY Public Noticing of Adjacent Owners 1. Certification of Mailing letter 2. Public Hearing Notice: 5/22/92 - P&Z Conditional Use Review Hearing 3. List of Property Owners within 300 feet of 134 E. Bleeker 4. Certification of Property Posting Letter 5. Photographs of Public Notice Signs - Exhibits A and B COMMENTS Dear Leslie: Please call if you have any questions. Si cerely, mm - Jake V.'( kery xc: Roxanne Efli Bill Poss File 00 Wandciates 605 EAST MAIN STREET ASPEN, COLORADO 81611 TELEPHONE 303, 925-4755 FACSIMILE 3031920-2950 April 20, 1992 Leslie Lamont Aspen City Planner Planning Department 130 South Galena Aspen, Colorado 81611 Dear Leslie: Please find attached: 1. Public Notice RE: 134 East Bleeker Penn Conditional Use Review Hearing, 5/5/92 Before the Aspen Planning and Zoning Commission 2. Mailing list of property owners within 300 feet of 134 East Bleeker. certify that the above mentioned Public Notice was mailed to the above mentioned mailing list on Monday, April 20, 1992. Sincerely, .4 ia* Jake Vickery Project Architect Enclosures: Public Notices, Mailing List • • • • MARCH 16, 1992 MAILING LIST OF ADJACENT PROPERTY OWNERS WITHIN 300 FEET OF 134 EAST BLEEKER PREPARED FROM COUNTY ASSESSOR'S RECORDS Aspen School District RE - 1 Business Office 110 E Hallam Aspen CO 81611 Robert L. & Maria Segal c/o R. L. S. Mechanical Corporation 305 E. 46th Street Brooklyn NYC, NY 10017 Donald Paul Krumm Box 874 Aspen CO 81612 Richard B. Johnson Montae Imbt Johnson 6820 Bradbury Dallas TX 75230 Palmer Communications 1801 Grand Ave Des Moines IA 50308 Edwin and Adeline Grosse 23049 Farmington Rd Farmington MI 48024 T.R.S. Family Trust c/o Gary Wayland 1079 Aviation Blvd. Hermosa Beach CA 90254 George Weaver, Jr. Shirely Weaver c/o Virginia Hurst 1300 Chaplin Street Wheeling, WV 26003 2737-073-13 * * * / 2735-124-2 * * * * 2735-124-37001 2735-124-37002 2735-124-37003 2735-124-37004 2735-124-37005 2735-124-37006 2735-124-37009 •• go MARCH 16, 1992 MAILING LIST OF ADJACENT PROPERTY OWNERS WITHIN 300 FEET OF 134 EAST BLEEKER PREPARED FROM COUNTY ASSESSOR'S RECORDS Edward & Judith Neisser Harris Associates L. P. c/o 2 N. LaSalle Room 500 Chicago, IL 60602 Constance M. Hoguet 333 E 68th St New York NY 10021 Mountain States Communications PO Box E Aspen CO 81612 Pitkin County Library 200 N Mill Aspen CO 81611 Aspen Clinic Bldg A Colorado General Partnership 100 E Main St Aspen CO 81611 North and South Aspen Association Ltd. 200 S Aspen St Aspen CO 81611 Larry Saliterman 2240 Lee Ave, North Minneapolis MN 55424 First National Bank of Grand Junction Trustee for Mona Frost Box 608 Grand Junction CO 81501 2735-124-37010 2735-124-37011 / 37012 2735-124-38001 / 38006 2735-124-38002 2735-124-38004 2735-124-38005 2735-124-38012 / 38013 / 38014 / 38015 2737-073-14001 2 00 • • MARCH 16, 1992 MAILING LIST OF ADJACENT PROPERTY OWNERS WITHIN 300 FEET OF 134 EAST BLEEKER PREPARED FROM COUNTY ASSESSOR'S RECORDS Joseph Amato Box 503 Highland Mills NY 10930 Kermit Sutton Suite 302 400 5th Ave., South Naples FL 33943 Yvonne Hammond Box 280 Evergreen, CO 80439 Priscilla Sadler Box 2989 Aspen CO 81612 United Methodist Church 200 E Bleeker Aspen CO 81611 William L. Seguin Box 4274 Aspen CO 81612 Ferenc Berko Mirte Berko PO Box 360 Aspen CO 81612 Joan Enid Light 733 13th St Boulder CO 80302 William G. Brumder Trustee 2054 First Wisconsin Trust Milwaukee WI 53201 2737-073-14002 2737-073-15001 2737-073-15002 2737-073-15003 2737-073-16001 2737-073-16002 2737-073-16003 2737-073-16004 2737-073-16005 3 00 •• MARCH 16, 1992 MAILING LIST OF ADJACENT PROPERTY OWNERS WITHIN 300 FEET OF 134 EAST BLEEKER PREPARED FROM COUNTY ASSESSOR'S RECORDS William G. Parzybok, Jr. 13617 160th Ave, NE Redmond WA 78052 Mary Eshbaugh Hayes Trustee Under Hayes Trust Box 497 Aspen CO 81612 Ewald H. Crosby Rosa Gettman 325 S Forest St Denver CO 80222 Claudette Carter c/o Gracy's 202 E Main St Aspen CO 81611 Ethel McCabe Fred Pearce Box 531 Aspen CO 81612 Hotel Jerome 330 E Main St Aspen CO 81611 Amoco Oil Co Tax Dept 600 S Cherry St Suite 915 Denver CO 80222 Wheeler Square Association c/o The Fleisher Co 200 E Main St Aspen CO 81611 2737-073-16006 2737-073-20001 / 20002 2737-073-20003 2737-073-20004 / 20005 2737-073-20006 2737-073-20007 / 20010 2737-073-20008 2737-073-20009 C! 189 605 EAST MAIN STREET ASPEN, COLORADO 81611 TELEPHONE 3031925-4755 FACSIMILE 3031920-2950 April 20, 1992 Leslie Lamont Aspen City Planner Planning Department 130 South Galena Aspen, Colorado 81611 RE: Lot 2 and the Easterly 1/2 of Lot R, Block 65, City of Aspen, also referred to as 134 East Bleeker Street Dear Leslie: I hereby certify that the attached photographs, labeled "Exhibit A" and "Exhibit B". were taken, and the property was posted as required, at 4:00 pm, Monday April 20, 1992 Sincerely, _ Jake Vicki Project Architect Enclosures: Photo Exhibits "A" and "B" V,b. - R2o SE fftc,-MR 1 G �AQ1� ARCHITECTURE AND PLANNING, P.C. • 605 E. MAIN • ASPEN, CO 81611 • TEL.: 303 925 4755 • FAX: 303 920 2950 DATE ■ April 4, 1992 PROJECT ■ Penn Residence, 134 E Bleeker Job #9210 TO ■ Aspen Planning and Zoning Dept. FROM ■ Jake Vickery NO. OF PAGES ■ IF YOU DO NOT RECEIVE ALL PAGES, CALL IMMEDIATELY DESCRIPTION ■ Conditional Use Application Attachment 1 - Land Use Application Form Attachment 2 - Minimum Submission Contents Attachment 3 - Specific Submission Contents Attachment 4 - Review Standards for Your Application COMMENTS ■ ATTACHMENT 1 LAND USE APPLICATION FORM 1) Project Name Penn Residence 2) Project Location 134 East Bleeker; Lot S and Easterly 15 feet of Lot R Block 65, Township 10 South, Range 84 West Section 7 City of Aspen Pitkin County, Colorado 3) Present Zoning R-6 4) Lot Size 4.500 sf 5) Applicantsis Name, Address & Phone # Susan and Paul Penn 9505 Copley Drive Indianapolis, Indiana (w) (317)873-5211; (h) (317-844-04734 6) Representative's Name, Address & Phone # Bill Poss and Associates 605 East Main Street, Aspen, Colorado 81611 Contact: Jake Vickery 7) Type of Application (please check all that apply): X Conditional Use _ Conceptual SPA _ Conceptual Historic Dev. Special Review _ Final SPA _ Final Historic Development 8040 Greenline _ Conceptual PUD _ Minor Historic Development Stream Margin _ Final PUD _ Historic Designation Mountain View Plan _ Subdivision _ GMQS Allotment Condominiumization _ Text/Map Amendment _ GMQS Exemption Lot Split/Lot Line Adjustment 8) Description of Existing Uses (number and type of existing structures; approximate sq ft; number of bedrooms; any previous approvals granted to the property). Existing use is storage the property is R-6 Residential Zone 9) Description of Development Application To convert and use the upper floor (approx. 374 FAR sf) of the historical carriage barn as a Detached Accessory Dwelling Unit 10) Have you attached the following? X Response to Attachment 2, Minimum Submission Contents X Response to Attachment 3, Specific Submission Contents X Response to Attachment 4, Review Standards for your Application Attachment #2 MINIMUM SUBMISSION CONTENTS Penn Residence 134 East Bleeker 1. See Attached Letter 2. See Attached Legal Description 3. See Attached Title Commitment and Attorney's Letter 4. See Attached map 5. Compliance with relevant review standards: This proposal is to restore and use the upper floor of the existing historical carriage barn located on the alley at 134 East Bleeker as a Detached Accessory Dwelling Unit. The shell of the barn remains in tact except for the addition of a new cross gable to the West roof. It contains approximate 300 NLSF and will be a studio type unit with bath. It will be brought up to current standards of safety and energy conservation and preserved. This work is represented on the attached drawings. Please See Attachment #4 for detailed explanation of conformance to specific standards. This proposed work under review by the Historical Preservation Committee and additional information is available in the related HPC Conceptual Review Application. 9210atch2.cup MAR 14 '0 11:20 DART TROLS INC. • F.2/3 March 13, 1992 To whom it may concern: Ue hereby authorize Bill Poss and Associates, 605 East Hain Street, Aspen, Colorado 81811, phone (303) 925-4755, to represent us and to act on our behalf regarding historic designation, design, and construction permits for our property at 134 East Bleeker, Aspen, Colorado. Very truly yours, Susan and Paul E. Penn 9505 Copley Drive Indianapolis, Indiana 46260 317-844-4734 Home 317-873-5211 Office 317-873-1105 FAX 1 Ronald D. Austin Fiedenck F. Peirce Thomas Feno m Smith Rhonda J. Baal HAND DELIVERED Aus=, PEIRCE & SMUH Attorneys At Law 600 Fast Hopkins Avenue Suite 205 Aspen, Colorado 81611 March 13, 1992 Mr. Jake Vickery William Poss and Associates Architecture and Planning 605 Eas- Main Street Aspen, Colorado 81611 n (303) 925-260D FAX (303) 925-4720 RE: Disclosure of Ownership of Lot 3 and the East 1/2 of Lot R, Block 65, City and Townsite of Aspen/134 East Bleeker Street, Aspen, Colorado Dear Jake: Pursuant to your request, I have enclosed herewith a copy of a title commitment dated January 13, 1992 for the referenced property. This title commitment reflects that the referenced property was owned by Yvonne F. Hammond and had no liens or encumbrances against it on January 13, 1992. On March 9, 1992, the referenced property was conveyed to Paul E. Penn and Susan W. Penn by Warranty Deed recorded in Book 671 at Page 307 of the Pitkin County Real Property Records. A copy of this Deed is also enclosed for your review and use. The Penns paid cash for the purchase of the referenced property and therefore, there still are no liens or encumbrances against the property. Bence, the Penns are the sole owners of the property as of March 9, 1992 and have full authority and right to prosecute anv applications with the City of Aspen. If you leave any questions or need any additional information, please do not hesitate to give me a call. FFP/ls Enclosures cc: Mr. & — 2 C:\WPS1\7ET=R3\ Mrs. Paul E. Penn Very truly yours, AUSTIN, PEIRCE & SMITH By: Frederic F. eirce a .- Form.Na 1343 (CO-9Q) ALTA Plain Language Commitment • • I COMMITMENT FOR TITLE INSURANCE ISSUED BY agent for FIRST AMERICAN TITLE INSURANCE COMPANY AGREEMENT TO ISSUE POLICY FIRSTAMERICAN TITLE INSURANCE COMPANY, referred to in thisCommitment as the Company, through its agent, identified above, referred to in this Agreement as the Agent, agrees to issue a policy to you according to the terms of this Commitment When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months aftertheCom- mitment date, our obligation underthisCommitmentwill end. Also ourobligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-1. The Exceptions in Schedule B-2. The Conditions on the reverse side of this page This Commitment is not valid without SCHEDULE A and Sections 1 and 2 of SCHEDULE B. First American Title Insurance Company BY (" 4--^ PRESIDENT Al BY li/ C. �l- _ /• SECRETARY ` BY COUNTERSIGNED. E'1NSU99��1' Y SEFIEMEER 2t. 1 c% •' 1968 _ ' a� i� .�'•....-•'- •.ram 04 CONDITIONS 1. DEFINITIONS (a) "Mortgage" means mortgage, deed of trust or other security instrument (b) "Public Records" means title records that give constructive notice of matters affecting the title according to the state law where the land is located. 2. LATER DEFECTS The Exceptions in Schedule B - Section 2 maybe amended to show any defects, liens or encumbrances that appear for the first time in public records or are created or attached between the Commitment Date and the date on which all of the Requirements of Schedule B- Section 1 are met We shall have no liability to you because of this amendment 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encum- brances, we shall be1iable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements. If we have any iiabilityto you forany lossyou incur because of an error in this Commitment, our liability will be limited to your actual loss caused byyour relying on this Commitmentwhen you acted in good faith to: comply with the Requirements shown in Schedule B - Section 1 or elirr.?rate wish our :vritten consent any Exceptions shown in schedule E - Section 2. We shall not be liable for more than the PolicyAmount shown in Schedule A of this C Dmmitment and our liability is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this Commitment and is subject to its terms. / Form 1756-A Commitment. Schedule A Setterfield 8 Ryan Attn: Mark Kwiecienski 415 E. Hyman Avenue, #105 Aspen, CO 81611 SCHEDULE A Customer Reference No. Hammond/Penn 1. Effective Date: January 13, 1992 at 7:00 A.M. Commitment No: 401835-C SM/Jp 2. - Policy or Policies to be issued: Amount (a) 71 ALTA Owner's Policy $ 470, 000. 00 Proposed Insured: PPJJL E. PENN and SUSAN W. PENN (b) ❑ ALTA Loan Policy $ Proposed Insured: (c) ❑ $ 3. The estate or interest in the land described or referred to in this commitment and covered herein is3ee simple and title thereto is at the effective date hereof vested in: YVONNE F. HAMMOND 4. The land referred to in this commitment is LEGAL DESCRIPTION SET FORTH ON SHEET ATTACHED HERETO AND BY THIS REFERENCE INCORPORATED HEREIN AND MADE A PART HEREOF. Owner's Premium: $ 1,214.00 Lender's Premium: $ Tax Certificate: $ •10.00 Endorsement Chg: $ TBD Charges: $ Additional Chgs: $ TOTAL CHARGES: $ 1,224.00 CC's to: Setterfield 8 Ryan Aspen Real Estate Associates Austin & Pierce ATC-Escrow Order No. 401835-C Plat I.D. 9 1-1 SCHEDULE A (continued) Covering the Land in the State of Colorado, County of Pitkin, Described as follows: Lot S and the East 1 /2 of Lot R, Block 65, CITY AND TayNSITE OF ASPEN Farm 1 756 - B1 • Commitment, Schedule B-1 • SCHEDULE B - Section 1 Requirements No. 401835—C The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed anddulyfiled for record, to -wit: Deed from Yvonne F. Hammond to Paul E. Penn and Susan W. Penn. NOTE: Duly executed real property transfer declaration, executed by either the Grantor or Grantee, to accompany the Deed mentioned above, pursuant to Article 14 of House Bill No. 1288 — CRA 39-14-102. 2. Evidence satisfactory to the Company or its duly authorized agent either (a) that the "real estate transfer taxes" imposed by Ordinance No. 20 (Series of 1979), and by Ordinance No. 13, (Series of 1990), of the City of Aspen, Colorado have been paid, and that the liens imposed thereby have been fully satisfied, or (b) that Certificates of Exemption have been issued pursuant to the provisions thereof. Form l756- B2 (Modilled l/84) • • Commitment, Schedule B-2 Colorado Order No. 401835—C SCHEDULE B - Section 2 Exceptions The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company. Any loss or damage, including attorney fees, by reason of the matters shown below: 1. Any facts, rights, interests, or claims which are not shown by the public records but which could ascer- tained by an inspection of said land or by making inquiry of persons in possession thereof. 2. Easements or claims of easement which are not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments and any other facts which a correct survey would disclose, and which are not shown by public records. 4. Any water rights or claims or title to water in, on or under the land. 5. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 7. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district. 8. Any mine of gold, silver, cinnabar or copper, or any valid mining claim or possession held under existing laws, as reserved by M. G. Miller, County and Probate Judge of Pitkin County, Colorado, in the Deed to R. R. Bowles recorded January 11, 1888, in Bock 59 at Page 277. 9. Any and all unredeemed tax sales. NOTE: Upon receipt of a Certificate of Taxes Due evidencing that there are no existing open tax sales, the above exception will not appear on the policies to be issued hereunder. Exceptions number are hereby omitted NOTICE TO PROSPECTIVE BUYERS OF SINGLE FAMILY RESIDENCES (PURSUANT TO INSURANCE REGULATION 89-2) A. "GAP" PROTECTION When First American Title Insurance Company or its authorized agent, (hereinafter referred to as "Com- pany"), is responsible for recording or filing the legal documents creating the estate or interest to be insured in a single family residence and for disbursing funds necessary to complete the transaction, the Company shall be responsible for any deeds, mortgages, lis-pendens, liens or other title encumbrances which first appear in the pubic records subsequent to the Effective Date of the Commitment but prior to the Effective Date of the Policy, provided the following conditions are satisfied prior to the Company's disbursement of the funds: 1. Properly executed documents creating the estate or interest are in the possession of the Company. 2. A fully executed Affidavit and Indemnity form signed by the seller and satisfactory to the Com- pany is in the possession of the Company. No Coverage will be afforded against deeds, mortgages, lis-pendens, liens or other title encumbrances ac- tually known to the proposed insured prior to or at the time of recordation of the documents. Public Records as used herein means those records established under state statutes for the purpose of impaiting constructive notice of deeds, mortgages, lis-pendens, liens or other title encumbrances to purchasers for value and without knowledge. B. MECHANICS' LIEN PROTECTION If you are a buyer of a single family residence, you may request coverage against loss because of unrecorded claims asserted by construction, iabor or material suppliers against your some. If no construction, improvements or major repairs have been undertaken on the property to be purchased within six rrref hsprior to the Date of the Commitment, the requirements to obtain coverage for unrecorded !iens will be payment of the appropriate premium and the execution by the seller of an Affidavit and Indemnity form satisfactory to the Company. If there have been construction, improvements or major repairs undertaken on the property to be pur- chased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded ;lens will include: disclosure of certain construction information; financici information as to the seiler, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity Agreements satis- factory to the Company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which you have contracted or agreed to pay. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. C-3 (Commitment Notice) Colorado DISCLOSURE STATEMENT REQUIRED BY COLORADO REVISED STATUTES §10-11-122 Colorado Revised Statutes §10-11-122 requires that "every title insurance agent or title insurance company shall provide, along with each title commitment issued, a statement disclosing the following information: (a) That the subject real property may be located in a special taxing district; (b) That a certificate of taxes due listing each taxing jurisdiction may be obtained from the county treasurer or the county treasurer's authorized agent; (c) That information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder or llie County Assessor." i (tcuudcd n1 .---...-- ... .-.....-.-. . I(CCGl111U11 14U. �Icr. II 1VARRANTY UGIrID '1111S DEED, Made this 5 t h day of March , 19 92 between YvonneF.IIaminond of the cuunly of Jefferson , Slate of Cululadu, gtanhn(s) and Paul E. Penn and Susan 14. Penn whose legal address is 9505 Copley Drive Indianapolis, IN 46260 of the coulHy of , Shale of EJnI AX,1 grnnice(s): \Vh1'NFSSIfII, lhnl Ibe grnnlul(s1, fire and in cunsiJcrntiun of the suns ufI'our Ilundred Seventy 'Thousand four Iiu)idred and no/100(470,400<00)---------------------------------------- -4'uttnl(s. the teccipt and sufficiency of which is hetcby acknowledged, aa^ glnntcd, bill gained, sold and cunee)cd, and by Ihcse plcscnts dues gt1"d, bargain, sell, colmy, nod cumin", unto the glantec(s), 11 V-i-r hcils and assigns forced, all the Icnl puq+crly, Iugclber with improvements, Count u( h i. t k i n , Slate u( Colorado, if oily. siUtnle, lying and being ill the y dcsctibed as fullows: Lot S and the East -tz of Lot R, Block 65, City and Townsite of Aspen alsokitownbystleetmild "amber as: 134 East B1eeker St-reet-, Aspe11, CO 81611 and hUG1;TllER Willi nil and siugulat the bcledilamctds mud nppuUenances 111cloo belonging, ill in a"ywise :111+cllnining. the toever mill ti tescrsians, tcnmhulcr mul tclimindcts, Icnls, issues .11111 p1111its Ihelcnf, and all llte est:uc, tight, title, hucicsl, claiul mid dcnln"J wh:useer of the glaulnlls), eilher in laW fir egoily, of, ill nerd it) the :above 11:11pliued lncnliscs. Willi tile heleditnmenls and appullellall t. TI1C'J r heirs and '10 HAVE ANI1lU 11O1.1) the said lneuliscs ahuec balgaincd :u"I desclibed with the np111n1cnnnccs, unto the glanlects). assigns fareeer. and the granlul(sl, fur �1LI" scl hcils and pctsunnl Icplcsenlalives, dif s coscnanl, gram, bargain, mul agree Io tntd wish tile grnutec(s), C>C'-ir heirs and assigns, that al the lilac of the cnse:Iling and dclisery Ill IhcsG plcsctds, tI1L'y am well seized of the premises above comIP—Lc)ctlhave -still rule, per feel, nbsulule and indefeasible estate of i"hctila"ce, in law, Illfee simple, and mill fu1u1 as aftll es:lid. and that the same me free es At AD smt, uit e : / �IF.CM0 -�- �►" ; 1 1''S l — II o001Po E uumo�e►,.a(u e � i. � , I'L�i;, Iw.l M M.Ipr4(a I •�� _L Iwh.rW Q i m�+.af•oa+ • � .� •t7a [4f6 Wi�:fO t((YIIIY]tCJO[LAD[YJ IJJr MY• n] � _ - • MID EIIG�:� ��- ' I1nnIl�D'_�::� 11UII% .da Ila Fl:ll.. Gtll� ,_ . j rt1Gf'� JI f. lii�9f11 (nUllla' l".JT� alW�n lift .,,r II1C�`CUlI d.;nl if i mllllf➢ ll l�➢{i Cy {Ill al[rt it 11=1I� a]S DiW�I` f..: Ij,� 1 � -( I1JINr 013111r. Aw 1 111IDIID jill�l'D r ` p apll��.�l (; ilI(111�'n {A fill _ i11nrUul,►a n Irpi nl �I mynllJ u �m ilDTtliul��1; .DoI�— ul fmlm ftl➢ ,►!ull,>t1➢flu I@ Pni1iI1 2L1m. .' � ► �� pnlll�l'[�{IP;61'6�tiflf➢'nl 110r�,,,, �1( �` 111IDIl➢ fi➢ -- .� - mm a1�lu- 1 fllL�D IQ1 >� Q16 n Im nfiM,UIy�nn fTUR)if➢ ~ (� ° �a 1 up EL -a1n1II11!a1i111m:lIImIID!u,� p� mt ll° f1➢ � — • • - . alIn ° lip aim �•� Q ' uiul.ap ul a u'tls.mI mn m `t>1i ➢, tm, pp �, I�m pp nnp�1I m � mi11➢=a1�i11➢ m� • auil111p WI!➢la•all�➢•fp1ill➢ alDfll➢ftiCl➢I➢ ' \ ��1I1 \➢]pl➢pin'111W '•aUTiPn Nilu� Q�I;I>t➢1 plplllp Qllllll➢ � � i ' ( � � nilflJ',1iC ml1n�- ICUpD (i IIl I, ftlatnSfl _n, _ - 'I . I al r 42 (L vo Ibm o �� MEAL - 7-__ SHED If T i ALLEY BLOCGAVEL 45 00 r•3 w / SPIKE a'N / OVERHANG ENCROACHES IO 96 r cA I r� It AREA 4.500 •/- S.F. I I o /l O7 ECK N I / 11/7 STORY j/ HOUSE h • �.` N �5�09•rr. lYG N 45 0p. CITY MONUMENT n ri 10 O LIGHT B L u� • DER • ATTACHMENT #4 Conditional Use Permit Penn Residence 134 East Bleeker This application meets the following standards for the Conditional Use Permit: A. The renovation of the existing historical alley structure is desirable and consistent with the Cottage Infill Program, Housing Authority Guidelines and the HPC guidelines. B. The existing carriage barn is one of several accessory alley structures in this vicinity. It enhances the fabric of the neighborhood and its use is consistent and complimentary to others in the area. C. The location, size and design of the existing structure and its proposed residential use will not create any additional impact on the neighborhood. D. Services will be an extension of the residential services already in place for this property. These services are adequate. E. This proposal does not generate and will not generate any additional employees. F. This proposal includes the deed restriction of the unit and other requirements as required under the Cottage Infill Program for Detached Accessory Dwelling Units. 9210appl.cup SOUTH ELEVATION -COTTAGE NORTH ELEVATION-ADDITI-ON 44 III �J EAST ELEVATION WEST ELEVATION. 051-LTi94,--- _ NORTH ELEVATION-BARN/GARAGE SOUTH ELEVATION -BARN/ GARAGE V�L�'�11� If�Y�ISII��- G°3[Es�DEin�,(CIE MARCH 27.1992 1 • r i L16HT PD lN�A�Tivr1 BASEMENT LEVEL 10, o M eC4 Pa-U, w [Newb 9 x^5 le> Pow c� .{ _ ' Uh4rf WChPWI 9xG �n►cul Root► _ E+�Tt2Y 1a i 00 pb IjCADW D N bXly 1i��5 t, A aAt1 . i ON ,. L I I I -fit r eNofINb ivlNb �iTrIN6 I�nl� 12+cKo 6.4F� NINp�W Pow ol°644 To A9v�f N dRPlty 13>< I1 ENTRY LEVEL I o I ( CARbTAICER ( I I APf•1�.t t1�t � P I 16xq � I rA Ct06G'f I R[a01` I I i I DRD�filrlb 4'IP,5T6K I 5x to M GUNKO RAU. 1 "1 x 19 I PIPS � I ri I RWF LpH I Q I � g I N � lox�o I I , �Xe I ( I ( I i As""E II o UPPER LEVEL 51 F I I I NIiW PARKINb �x I9T I N6 SP�a� DARN I I I I I ROOF PLAN M�RC 27.1992