HomeMy WebLinkAboutLand Use Case.CU.712 W Francis St.A54-96 CITY OF ASPEN
PRE - APPLICATION CONFERENCE SUMMARY
PLANNER: Suzanne Wolff DATE: II /
3 /9 0
PROJECT: - 7l Z Gti.. Ra- 2 --(i-to
REPRESENTATIVE: /}c rutti L -fti Phone/Fax: 5"- /
OWNER: ket -r'Lt_ r,,,l�
TYPE OF APPLICATION: Cn_d (L4 -1-,---7 ,tD G`
DESCRIPTION OF PROJECT/DEVELOPMENT:
The applicant shall respond to the following items and provide the following reports:
Land Use Code Section Comments
2 Lit c y Q ( - ci
Referral Agencies Review by: (Sta' . • &Z only ' C only) (P &Z and CC)
. — ,;�� Public Hearing: (/ Yes) 1 o
} Planting Deposit: i 2 3 5
Referral Agency Fees:
TOTAL DEPOSIT: 52 y
(additional hours are billed at a rate of $175/hour)
To apply, submit the following information:
1. Proof of ownership
Signed fee agreement
3. Applicant's name, address and telephone number in a letter signed by the applicant, which also states the
name, address and telephone number of the representative.
4. Total deposit for review of the application
5. / Y copies of the complete application packet and maps.
6. Summary letter explaining the request (existing conditions and proposed uses), inlcuding street address
and legal description of the property.
7. An 8 1/2" by 11" vicinity map Locating the parcel within the City of Aspen.
8. Site plan shall include property boundaries, lot size, proposed access, and physical features
(drainageways, streams, rivers, etc.)
9.
Submit the following items, if circled:
C List of adjacent property owners within 300 feet of the subject property with addresses. ! (e Lj
b. Site photos
c.._ Proof of legal access to the parcel
d. Historic Preservation Commission review /approval
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
FOR THE APPROVAL OF A CONDITIONAL USE FOR AN
ACCESSORY DWELLING UNIT AT THE ORBE RESIDENCE LOCATED AT
712 WEST FRANCIS STREET, ALL OF LOT Q AND THE EAST ONE -HALF OF
LOT P, BLOCK 15, CITY AND TOWNSITE OF ASPEN
Resolution 96-040
WHEREAS, pursuant to Section 26.40.090 of the Aspen Municipal Code,
Accessory Dwelling Units may be approved by the Planning and Zoning Commission as
conditional uses in conformance with the requirements of said Section; and
WHEREAS, the Community Development Department received an application
from Lawrence Orbe, owner, for a Conditional Use review for an above -grade one -
bedroom Accessory Dwelling Unit having approximately 516 sf of net livable area; and
WHEREAS, the proposed accessory dwelling unit is 100% above grade, 50% or
250 sf whichever is less shall be exempt from allowable floor area calculations pursuant
to the definition of Floor Area "Accessory Dwelling Unit or Linked Pavilion ",
Section 26.04.100(G) of the Aspen Land Use Regulations; and
WHEREAS, the Housing Office, City Engineering and Community Development
Department reviewed the proposal and recommended approval with conditions; and
WHEREAS, during a public hearing at a regular meeting on September 3, 1996,
the Planning and Zoning Commission approved by a 7 -0 vote the Conditional Use review
for the Orbe property Accessory Dwelling Unit with the conditions recommended by the
Community Development Department.
NOW, THEREFORE BE IT RESOLVED by the Commission:
That the Orbe property Conditional Use for an above -grade Accessory Dwelling Unit
containing approximately 516 sf of net livable area is approved with the
following conditions:
1. Prior to the issuance of any building permits the applicant shall:
a. verify with the Housing Office that the allowable floor area of the Accessory
Dwelling Unit contains approximately 576 sf as shown on the plans;
b. verify with the Housing Office that the ADU will contain a kitchen having a
minimum of a two- burner stove with oven, standard sink, and a 6 -cubic foot
refrigerator plus freezer;
c. provide the Housing Office with a signed and recorded Deed
Restriction which must be obtained from the Housing Office;
d. clearly identify the Accessory Dwelling Unit (ADU) on building permit plans
as a separate one - bedroom unit having a private, exterior entrance and being in
compliance with 1994 U.B.C. Sound Transmission Guidelines (Appendix
Chapter 12, Division II, Section 1208);
e. provide one, off - street parking space on -site for the ADU that shall be shown
on the final improvement plans;
f. submit plans pursuant to Chapter 26.58, Residential Review Standards to
Community Development for review and approval;
g. install any new trash areas or service facilities requiring a pedestal or other
above ground equipment on an easement provided by the property owner and
not located in the public rights -of -way;
h. dedicate an easement should the existing telephone or television pedestal along
the alley need to be relocated for the construction of the garage and off - street
parking area;
i. show all existing and any new easements for utility services on the final
recorded improvement plans;
j. submit a drainage report and plan to confirm that the new development shall
not release more than the historic surface run -off flows from the site and any
increase in historic storm run -off flows must be routed and maintained on -site;
k. execute and record an agreement to construct curb, gutter and sidewalks when
needed for the property frontage along Francis Street. A five (5) foot area
along the Francis Street frontage shall remain unobstructed by improvements
including vegetation, landscape boulders, fences etc. to provide space for the
future sidewalk to align with the neighboring sidewalk grades and routes to
either side of the property;
1. execute and record an agreement requiring the property owner to join any future
improvement districts which may be formed for the purpose of constructing
improvements in the public right -of -way; and
m. apply for a tree removal permit two (2) weeks prior to the issuance of a
building permit if any trees are to be removed. The required mitigation for
any tree removal shall be as per Section 15.04.450 of the Municipal Code.
2. Prior to the issuance of a certificate of occupancy (CO) the applicant shall:
a. submit as -built drawings of the project showing property lines, building
footprint, easements, any encroachments, entry points for utilities entering the
property boundaries and any other improvements to the Aspen /Pitkin County
Data Processing Department in accordance with City GIS requirements; and
b. allow Community Development Department and Housing Office staff to
inspect the property to determine compliance with the conditions of approval.
3. The applicant shall consult with City departments regarding the following:
a. City Engineering for design considerations and any development within public
rights -of -way;
b. Parks Department for tree removal, landscaping, and vegetative species; and
c. City Streets Department for any work or development, including landscaping,
within public rights -of -way.
4. All material representations made by the applicant in this application and during
public meetings with the Planning and Zoning Commission shall be adhered to and
considered conditions of approval, unless otherwise amended by other conditions.
APPROVED by the Commission at its regular meeting on September 3, 1996.
Attest: Planning and Zoning Commission:
X ntiV a ` G ,/,'
Jackie Lothian, Deputy City Clerk Sara Garton, Chairperson
Tom__ / ?7
RESIDENTIAL DESIGN CHECKLIST NOTIFICATION OF APPROVAL
A. RESIDENTIAL DESIGN STANDARDS MET.
The project located at 6 79°1 Cersremay
PI er--4/S p -CIPR r (f'zs slr. F ,pre IvNrre
has been reviewed by City planning staff and has been found to be
in compliance with the "Residential Design Standards" as adopted
by Ordinance #30, Series of 1995.
, lb IC-1-lb
'Planning Staff
B. DESIGN REVIEW APPEAL BOARD REVIEW COMPLETED.
The project located at
has been reviewed by the Design Review Appeal Board and has been
found to be in compliance with the "Residential Design Standards"
as adopted by Ordinance #30, Series of 1995, with the exception of
the standard(s) relating to
which have been waived. Conditions of approval were _ or were
not _ made by the Design Review Appeal Board. If conditions
apply, the meeting minutes are attached.
Planning Staff
THE ATTACHED REDUCED SIZE DRAWINGS, INITIALED BY THE PLANNING STAFF
MEMBER ASSIGNED TO THE CASE, REPRESENT THE PROPOSAL THAT HAS BEEN
APPROVED AS DESCRIBED ABOVE. ANY VARIATIONS FROM THESE PLANS WILL
REQOIRE RE- REVIEW.
/, ' /
SITE VISIT - HOAG LOT 3
•
MEET BEHIND CITY HALL AT 4:00 PM
AGENDA
ASPEN PLANNING AND ZONING COMMISSION
REGULAR MEETING
TUESDAY, SEPTEMBER 3, 1996, 4:30 PM
SISTER CITIES MEETING ROOM, CITY HALL
I. COMMENTS
A. Commissioners
B. Planning Staff .
C. Public
II. MINUTES
III. PUBLIC HEARINGS
A. Orbe Conditional Use for ADU, Bob Nevins
B. Valerio /Johnson 8040 Greenline and Conditional Use for ADU, Suzanne Wolff
C. 702 W. Main St. Conditional Use Review, Suzanne Wolff (cont. from 8/20 - to be
tabled)
D. Aspen Mountain PUD (Lots 3 & 5) (continued from 8/20)
IV. ADJOURN
,.,
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Bob Nevins, City Planner
THRU: Dave Michaelson, Deputy Directorp}"
RE: Orbe Accessory Dwelling Unit Conditional Use Review - Public Hearing
Parcel ID No. 2735 - 124 -10 -003
DATE: September 3, 1996
SUMMARY: The applicant proposes to construct a voluntary 576 sf Accessory Dwelling
Unit (ADU) containing approximately 516 sf of net livable area. The one - bedroom ADU
is to be located along the alley above a proposed garage. Since the Accessory Dwelling
Unit is totally above grade, 250 sf of allowable floor area is exempt from floor area ratio
(FAR) calculations. The Conditional Use Application is attached as Exhibit A; and the
referral comments as Exhibit B.
Community Development staff recommends that the conditional use for an Accessory
Dwelling Unit at 712 West Francis Street, City of Aspen be approved with conditions.
APPLICANT: Mr. Lawrence Orbe as represented by Mr. Denis Cyrus
LOCATION: 712 West Francis Street, East 1/2 Lot P and all of Lot Q, Block 15,
City and Townsite of Aspen, Pitkin County, Colorado.
ZONING: Medium - Density Residential (R -6)
LAND USE: Detached, single - family residence (HPC Inventoried Parcel)
LOT AREA: 4,500 sf
ALLOWABLE FAR: 2,820 sf
APPLICANT'S REQUEST: To construct a voluntary, 576 sf one - bedroom Accessory
Dwelling Unit (ADU) containing approximately 516 sf of net livable area of which 250
sf shall be exempt from the allowable floor area calculation.
REVIEW PROCESS: Accessory Dwelling Units (ADUs) require conditional use
approval by the Planning and Zoning Commission at a public hearing. It is a one -step
review that requires notification to be published, posted and mailed.
BACKGROUND: The existing detached, single - family residence is an HPC Inventoried
Parcel. The applicant has been granted HPC approval to renovate the existing residence.
HPC also approved the addition of the garage and second floor Accessory Dwelling Unit
as an attached "carriage house" on June 26, 1996. A building permit has been issued for
the renovation of the main residence and work is currently underway.
The proposed ADU is a 576 sf one - bedroom unit with a kitchen and full -bath. It contains
approximately 516 sf of net livable area. The proposed ADU is comprised of a 120 sf
bedroom within the existing residential structure and 456 sf of new construction. The unit
is accessed from the alley by a separate, private entry located between the garage and
main residence. The ADU is completely self - contained with no interior access to the
main residence. It is 100% above natural grade which allows the unit to have good
views, natural light and ventilation. A single, uncovered, off - street parking space
accessed from the alley is proposed adjacent to the entrance of the ADU.
REFERRAL COMMENTS: Attached as Exhibit B are the comments from the City
Engineer and Housing Office.
STAFF COMMENTS: Pursuant to Section 26.60.040, a development application for a
conditional use approval shall meet the following standards:
A. The conditional use is consistent with the purposes, goals, objectives, and standards
of the Aspen Area Comprehensive Plan, and with the intent of the zone district in which it
is proposed to be located;
RESPONSE: Included within the Aspen Area Comprehensive Plan is the Housing
Action Plan which establishes a policy of promoting, marketing, and implementing the
Accessory Dwelling Unit program. The Medium - Density Residential (R -6) zone district
is designated to provide areas for long term residential purposes with customary
accessory uses. This conditional use request for the approval of an Accessory Dwelling
Unit within a single - family residence is consistent with the intent, philosophy, and
policies of the Aspen Area Comprehensive Plan, and complies with the intent of the
Medium - Density Residential (R -6) zone district.
B. The conditional use is consistent and compatible with the character of the immediate
vicinity of the parcel proposed for development and surrounding land uses, or enhances
the mixture of complimentary uses and activities in the immediate vicinity of the parcel
proposed for development;
RESPONSE:. The proposal to renovate and expand the single - family residence is
consistent and compatible with surrounding land uses, densities, and character of the
West End neighborhood. The renovation of the Victorian- styled residence shall enhance
the visual quality and historic character of the immediate area. With the inclusion of an
r
Accessory Dwelling Unit, the neighborhood shall be enriched and enlivened socially by
creating a new housing opportunity for a local working resident.
C. The location, size, design, and operating characteristics of the proposed conditional
use minimizes adverse effects, including visual impacts, impacts on pedestrian and
vehicular circulation, parking, trash, service delivery, noise, vibrations, and odor on
surrounding properties;
RESPONSE: The 576 sf (516 sf net livable) one - bedroom Accessory Dwelling Unit is
contained within the second level of the proposed garage and remodeled, single - family
residence. It should not create a visual impact from West Francis Street or adversely
impact the properties north of the alley. The unit is designed to have a separate covered
entry and internal access stairway for privacy and safety purposes. A designated, off -
street parking space for the ADU is provided in the rear alleyway. Automobile trips
should be minimized since the site is proximate to the RFTA bus routes that operate
along Main Street. It is also within walking and biking distance of downtown,
community services, The Meadows campus, a church, several parks and trails. The
approval of an Accessory Dwelling Unit within the renovated and enlarged single - family
residence should not adversely impact the surrounding properties in terms of trash,
service delivery, noise, vibrations and/or odor.
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, hospital and medical services, drainage systems, and schools;
RESPONSE: There are adequate public facilities and services to serve the proposed
Accessory Dwelling Unit.
E. The applicant commits to supply affordable housing to meet the incremental need for
increased employees generated by the conditional use;
RESPONSE: The applicant is creating a voluntary ADU. in accordance with Section
26.40.090, Accessory dwelling units. The unit shall be deed restricted, meet the Housing
Authority's guidelines for resident occupied units and shall be limited to rental periods of
not less than six (6) months in duration. Owners of the principal residence shall have the
right to place a qualified employee or employees of his or her choosing in the ADU.
F. The proposed conditional use complies with all additional standards imposed on it by
the Aspen Area Comprehensive Plan and by all applicable requirements of this title;
RESPONSE: The proposed conditional use for an Accessory Dwelling Unit within a
renovated, single - family residence is in conformance with the Aspen Area
Comprehensive Plan and complies with all other applicable requirements.
If
RECOMMENDATION: Community Development staff recommends that the
conditional use for the proposed Accessory Dwelling Unit (ADU) at 712 West Francis
Street in the City of Aspen be approved with the following conditions:
1. Prior to the issuance of any building permits the applicant shall:
a. verify with the Housing Office that the allowable floor area of the Accessory
Dwelling Unit contains approximately 576 sf as shown on the plans;
b. verify with the Housing Office that the ADU will contain a kitchen having a
minimum of a two -burner stove with oven, standard sink, and a 6 -cubic foot
refrigerator plus freezer;
c. the applicant shall provide the Housing Office with a signed and recorded Deed
Restriction which must be obtained from the Housing Office;
d. clearly identify the Accessory Dwelling Unit (ADU) on building permit plans
as a separate one - bedroom unit having a private, exterior entrance and being in
compliance with 1994 U.B.C. Sound Transmission Guidelines (Appendix
Chapter 12, Division II, Section 1208);
e. provide one, off - street parking space on -site for the ADU that shall be shown
on the final improvement plans;
f. submit plans pursuant to Chapter 26.58, Residential Review Standards to
Community Development for review and approval;
g. any new trash areas or service facilities requiring a pedestal or other above
ground equipment must be installed on an easement provided by the property
owner and not located in the public rights -of -way;
h. should the existing telephone or television pedestal along the alley need to be
relocated for the construction of the garage and parking area, an easement shall
be dedicated for the relocated pedestal;
i. all existing and any new easements for utility services shall be shown on the
final improvement plans and recorded;
j.. submit a drainage report and plan to confirm that the new development shall
not release more than the historic surface run -off flows from the site and any
increase in historic storm run -off flows must be routed and maintained on -site;
k. an agreement to construct curb, gutter and sidewalks when needed for the
neighborhood along the Francis Street frontage shall be executed and recorded.
A five (5) foot area along the Francis Street frontage shall remain unobstructed
by improvements including vegetation, landscape boulders, fences etc. to
provide space for the alignment of the future sidewalk with the neighboring
sidewalk grades and routes to either side;
I. an agreement shall be executed and recorded requiring the property owner to
join any future improvement districts which may be formed for the purpose of
constructing improvements in the public right -of -way; and
m. apply for a tree removal permit two (2) weeks prior to the issuance of a
building permit if any trees are to be removed. The required mitigation for
any tree removal shall be as per Section 15.04.450 of the Municipal Code.
2. Prior to the issuance of a certificate of occupancy (CO):
a. submit as-built drawings of the project showing property lines, building
footprint, easements, any encroachments, entry points for utilities entering the
property boundaries and any other improvements to the Aspen/Pitkin County
Data Processing Department in accordance with City GIS requirements; and
b. Community Development Department and Housing Office staff shall inspect
the property to determine compliance with the conditions of approval.
3. The applicant shall consult with City departments regarding the following:
a. City Engineering for design considerations and any development within public
rights -of -way;
b. Parks Department for tree removal, landscaping, and vegetative species;
c. City Streets Department for any work or development, including landscaping,
within public rights -of -way.
4. All material representations made by the applicant in this application and during
public meetings with the Planning and Zoning Commission shall be adhered to and
considered conditions of approval, unless otherwise amended by other conditions.
ALTERNATIVE RECOMMENDATIONS: Planning and Zoning Commission may
approve the conditions above, approve additional conditions or disapprove the
conditional use for the Accessory Dwelling Unit.
RECOMMENDED MOTION: "I move to approve the conditional use for the Accessory
Dwelling Unit located at 712 West Francis Street, with the conditions outlined in the
Community Development Department memo dated September 3, 1996."
EXHIBITS: "A" - Conditional Use Application; `B" - Referral Comments
_ �, { LAND USE APPLICATION FE -�
lam' - -. -
1) Project Name 0R S IQC�TC k 0.0 .
2) Project Location 7 1't W- PP-Awci S 4r
WEST "z for P ok(. &DT Q C`( of ASPCY/ /S
(indicate street address, lot & block , legal description where •
appropriate) 45-00 x nr�
3) Present Zoning R 4) Lot Size
s) Applicant's Name, Address & Phone a LAW(1_ENCE CAP)E
•112 W. r1 S o l CO b o r n s-
6) Pepresentative's Name, Address & Phone e OENIS CMO
PO Paoi< / / /(c6 kp N ?ZS'0S83f
7) deck of Application (please de1c all that apply):
/
/� Conditional Use Ccnceptual SPA Conceptual Historic Der -
Serial Petrie;_ Final SPA _ Final Historic Der.
_ 8040 « eenline _ Conceptual PUD _ Minor Historic Der.
Steam Margin Final POD — Historic Demolition
Maintain view Plane Subdivision _ Historic Designation
ni,mii nation' _ Text/Map Amendicent _ GCS Allotment
__ Lot Split/ of Line • - _ GCS ammpticn . •
•
'adjustment
8) rest ption of Existing Uses - (number and type of existing 5'a—tram—es;
approximate sq. ft_ ; number of bedrooms; any previous approvals granted to the
property) .
nta5rjw& . Si brag wood FRtM6 IbUSE 3 D3E0/WOMS / sp
FOG N+M3 GRatreo AFPROIv42. P-oa- Pflolldi17ON op- e)USrIWG (BLDG pcU4rr
HAS &TN iswcn Woax gran Paoaa€ss) UPC. Hits Gp umo APPp2)uat nOIL 611P-466
kern 4 •o. (- nvoii7Q+.
9) Cesaiption of Development Application
LODI f70N of 476 vpr 0A 43 nap 45(,, Sq kJ ro
INCWO& /V) SOFT EXIST • X079 --411 Ie 57( Sge /era
10) [lave you attached the following?
Response to Attachment 2, Minimum Qihm ic Contents
Response to Attachment 3, Sp'ri fie Subais, ion Contents
Response to Attachment 4, Pevier Standards for Your Application
•
Exhibit A
d eN .. LAWRENCE F. ORBE III, P
450 Soya GAwaru
Aseei, Cotow&no 81611
(970) 920 -6500 FAx(970) 5440834
July 30, 1996
To Whom it May Concern:
Please be advised that Denis Cyrus, Box 11166, Aspen,
Colorado 81612, Phone 925 -5831, is the representative
authorized to act in my behalf concerning the Development
Application for 712 West Francis, Aspen, Colorado.
Sincerely,
da
La r -n —' . •r.t�
Commitment To Insure ''
•
ALTA Commitment - 1970 Rev
OLO REPUBLIC NATIONAL TITLE INSURANCE, COMPANY. a Minnesota corporation. herein called the Company. for a
* valuable consideration. herehy commits m Issue its policy nr pnlicres of tide Insurance. as idenolied in Schedule A in favor
* of the proposed Insured named i Schedule A. as owner or mortgagee of the estate or interest covered hereby in the land
* ^ * described Of retread to in Schedule A, neon payment of the premiums and charges therefor: all subject to the provisions of
* Schedule A and B and to the Conditions and Stipulations hereof.
4- This Commitment shall he effective only when the Identity of the proposed Insured and the amount of the policy or
]� * policies committed Inc have hem inserted in Schedule A hereof hy the Company. either at the time of the issuance of this
* Commitment or hy subsequent endorsement
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations
hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for
shall issue. whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company.
CONDITIONS AND STIPULATIONS
1. The term "mortgage', when used herein, shall include deed of Irusi. trust deed, or other security instrument.
2 If the proposed Insured has nr acquires actual knowledge of any defect. lien. encumbrance, adverse claim or other
matter affecting the nstate or interest or mortgage thereon covered by this Com moinent other than those shown m Schedule 8 hereof. and shall fail to disclose such knowledge
to the Company in wnung, the Company shall he relieved Irom liability for any less or damage resulting from any act of reliance hereon to the extent the Company is prejudiced
by [allure of the proposed Insured to so disclose such knowledge. If the proposed Insured shall disclose such knowledge m the Company, or if the Company otherwise acquires
actual knowledge of any such defect. lien. encumbrance. adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but
such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties
included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to
comply with the requirements hereof or @I to eliminate exceptions shown in Schedule O. or (c) to acquire or create the estate or interest or mortgage thereon covered hy this
Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring
provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are
herehy incorporated by reference and made a part of this Commitment except as expressly modified herein.
4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company
arising out of the status of the tide to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and am subject to the
provisions of this Commitment.
STANDARD EXCEPTIONS
In addition to the matters contained in the Conditions and Stipulations and Exclusions from Coverage above
referred m, this Commitment is also subject to the following:
1. Rights or claims of parties in possession not shown hy the public records.
2. Easements, or claims of easements. not shown hy 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 hy the public records.
4. Any lien, or right to a lien, for services, labor or matenal theretofore or hereafter furnished. imposed by law
and not shown by the public records.
5. 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.
IN WITNESS WHEREOF, Old Republic National Tide Insurance Company has caused its corporate name and seal to
be hereunto affixed by its duly authorized officers on the date shown in Schedule A, to be valid when countersigned by a validating officer or other authorized signatory.
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
A Stock Company
400 Second Avenue Sold. Minneapolis. Minnesota 5540/
(6/2) 371 1711
/ e Preside
nt 1 sit.. -- l
a ryl
uthorited Signatory el/4V
AIte.G � Secretary
OOT Farm 2582
- _ — -
•
OLPUBLIC NATIONAL TITLE INSty ANCE COMPANY
A L T A C O M M I T M E N T
SCHEDULE A
Our Order # Q371075END -2
For Information Only
712 W. FRANCIS,
ASPEN, CO
- Charges -
Alta Lender Policy
Endorsement 104 $140.00
Endorsement 107.3 $413.00
- - TOTAL - - $553.00
* ** THIS YS NOT AN INVOICE, BUT AN ESTIMATE OF FEES. WHEN REFERRING
TO THIS ORDER, PLEASE REFERENCE OUR ORDER NO. Q371075END -2 * **
1. Effective Date: July 10, 1996 at 5:00 P.M.
2. Policy to be issued, and proposed Insured:
"ALTA" Loan Policy 10 -17 -92 $300,000.00
Proposed Insured:
SILVER DOLLAR LLC
(NOTE: ENDORSEMENTS SHOWN ABOVE WILL BE ISSUED TO POLICY NO.
LTFJ3710751. A NEW MORTGAGEE'S TITLE POLICY WILL NOT BE
ISSUED.)
3. The estate or interest in the land described or referred to in
this Commitment and covered herein is:
A Fee Simple
4. Title to the estate or interest covered herein is at the
effective date hereof vested in:
LAWRENCE F. ORBE III
5. The land referred to in this Commitment is described as
follows:
ALL OF LOT Q AND THE EAST ONE -HALF (1/2) OF LOT P
BLOCK 15
CITY AND TOWNSITE OF ASPEN jjA?
PAGE 1
t:1 �.
M1
A L 1 � . A C O M M I T M E N T - -'
SCHEDULE B -1
(Requirements) Our Order # Q371075END -2
The following are the requirements to be complied with:
1. Payment to or for the account of the grantors or mortgagors of
the full consideration for the estate or interest to be
insured.
•
2. Proper instrument(s) creating the estate or interest to be
insured must be executed and duly filed for record, to -wit:
3. MODIFICATION OF DEED OF TRUST DATED SEPTEMBER 29, 1995 FROM LAWRENCE
F. ORBE 411 TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF ROBERT
MORRIS, ASPEN APPRAISAL GROUP, LTD., AND JEFFREY KUKES TO SECURE THE AMOUNT
OF $160,000.00 RECORDED SEPTEMBER 29, 1995 IN BOOK 795 AT PAGE 434 UNDER
RECEPTION NO. 386030, TO PROVIDE FOR AN ADDITIONAL ADVANCE OF $140,000.00, •
INCREASING THE AMOUNT SECURED BY SAID DEED OF TRUST TO $300,000.00.
SAID DEED OF TRUST WAS FURTHER SECURED BY ASSIGNMENT OF RENTS RECORDED
SEPTEMBER 29, 1995 IN BOOK 795 AT PAGE 440 UNDER RECEPTION NO. 386031. i.
LIU i?
4. SUBORDINATION OF DEED OF TRUST DATED SEPTEMBER 29, 1995 FROM LAWRENCE
F. ORBE III TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF HEATHER
H. THARP TO SECURE THE SUM OF $60,000.00 RECORDED SEPTEMBER 29, 1995 IN
BOOK 795 AT PAGE 442 UNDER RECEPTION NO. 386032, TO THE MODIFICATION
AGREEMENT SET FORTH IN ITEM NO. 3 ABOVE.
5. ASSIGNMENT OF DEED OF TRUST DATED SEPTEMBER 29, 1995 FROM LAWRENCE F. ORBE
III TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF ROBERT MORRIS,
ASPEN APPRAISAL GROUP, LTD., AND JEFFREY KUKES TO SECURE THE SUM OF
$160,000.00 (AS MODIFIED AND INCREASED TO $300,000.00) RECORDED SEPTEMBER
29, 1995 IN BOOK 795 AT PAGE 434 UNDER RECEPTION NO. 386030, TO SILVER
DOLLAR LLC.
THE COUNTY CLERK AND RECORDERS OFFICE REQUIRES RETURN :ifs
ADDRESSES ON DOCUMENTS SENT FOR RECORDING!!
* ** *** * *** * * * * *** * ** * **** NOTE **** * * * ** * * * * * * * * * * * ** * **r*
RECORDING FEES HAVE INCREASED AS OF JULY 1, 1995 TO $6.00
FOR THE FIRST PAGE AND $5.00 FOR EACH ADDITIONAL PAGE. •
RELEASES HAVE INCREASED TO $14.00 FOR THE FIRST PAGE AND
$5.00 FOR EACH ADDITIONAL PAGE.
t
PAGE 3
A IC A C O M M I T M E N T
SCHEDULE B -2
(Exceptions) Our Order # Q371075END -2
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:
1. Standard Exceptions 1 through 5 printed on the cover sheet.
6. Taxes and assessments not yet due or payable and special
assessments not yet certified to the Treasurer's office.
7. Any unpaid taxes or assessments against said land.
8. Liens for unpaid water and sewer charges, if any.
9. GENERAL Olt SPECIAL TAXES AND ASSESSMENTS REQUIRED TO BE PAID IN THE YEAR
1996 AND SUBSEQUENT YEARS.
10. DEED OF TRUST DATED September 29, 1995, FROM LAWRENCE F. ORBE III TO THE
PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF LEE SHAPIRO, WILLIAM LEDERER
AND SONIA LEDERER, WESTERN MORTGAGE CO., LTD., ARNOLD ROLDBLATT, RUSSELL
C. ANDERSON, AND DAVID HOCH TO SECURE THE SUM OF $410,000.00 RECORDED
September 29, 1995; IN BOOK 795 AT PAGE 428 UNDER RECEPTION NO. 386029.
11. THE EFFECT OF INCLUSIONS IN ANY GENERAL OR SPECIFIC WATER CONSERVANCY, FIRE
PROTECTION, SOIL CONSERVATION OR OTHER DISTRICT OR INCLUSION IN ANY WATER
SERVICE OR STREET IMPROVEMENT AREA.
12. "THAT NO TITLE SHALL BE HEREBY ACQUIRED TO ANY MINE OF GOLD, SILVER,
CINNABAR OR COPPER, OR TO ANY MINING CLAIM OR POSSESSION HELD UNDER
EXISTING LAWS; AND PROVIDED FURTHER, THAT THIS DEED IS HEREBY MADE AND
DECLARED TO BE SUBJECT TO ALL THE CONDITIONS, LIMITATIONS, AND RESTRICTIONS
CONTAINED IN SECTION 2386 OF THE REVISED STATUTES OF THE UNITED STATES, SO
FAR AS THE SAME IS APPLICABLE THERETO" AS SET FORTH IN DEED RECORDED
JANUARY 17, 1888 IN BOOK 59 AT PAGE 295.
13. ENCROACHMENT OF SHED FROM SUBJECT PROPERTY ONTO ALLEY NORTHERLY OF SUBJECT
PROPERTY AS SET FORTH ON THE SURVEY PREPARED BY ASPEN SURVEY ENGINEERS,
INC., DATED AUGUST 9, 1995.
•
•
PAGE 5 *4
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This application is for Conditional Use Review of an Accessory Dwelling Unit to
be included in the development of an attached "carriage house" addition to the
existing residence at 712 West Francis Street. The existing residence is currently
being renovated as approved by the Historic Preservation Commission, and the
addition as presented for review was approved by the HPC on June 26,1996. The
ADU is not required, but is being offered by the applicant to help meet the need for
affordable housing in the City of Aspen.
Itemized response to Conditional Use Review Standards:
A. This development is consistent with the Aspen Area Comprehensive Plan and
particularly with the goal of providing affordable housing within the neighborhoods of
the City of Aspen. The development is well within all dimensional requirements of the
R -6 zone district in which it is proposed and no variance from the underlying zoning
has been sought.
B. The proposed development has been reviewed and approved by the Historic
Preservation Commission as compatible with the historic residence to which it is
attached, as well as with the historic neighborhood into which it is placed.
C. The size of the development is well below the allowed maximums of height, floor
area and volume. The design minimizes visual impacts with lowered wall heights and
roof pitches. The carriage house provides off- street parking where none previously
existed, improving pedestrian and vehicular circulation on the street frontage, while its
location, attached to the house, improves vehicular circulation and maintains existing
open space on the alley.
D. Public facilities and services for the proposed residential use are adequate.
E. The applicant is providing affordable housing rather than generating employees.
F. The applicant believes the proposed development complies with all applicable
requirements.
•
• t '• t : v ► • u u . *TUNE 26. 1996
.. • - r listed the changes; 1) the courtyard; 2) add a carriage house with one • -•
on to. e other ADU will be in one of the houses; 3) window group on - front;
4) alley • s study and; 5) opinions on bolts and washers being exp. - • on an
exterior.
Melanie asked if ch. ; 'ng the courtyard by taking the AD out of the house and
putting it over the carria• ouse would change the si - . f the house and the
courtyard in its relationship the other house.
Ron responded that he does not pl.• o mov' + e houses closer together, the
benefit is keeping the buildings as far as he can.
Melanie said she does not see ho e app . nt can look at adding that space to
the back without taking it awa om the hous• 'n the front, otherwise it would add
more sq.ft. and more space.
Ron said that if it do ove back the house would ha - to change shape, it
probably would n • appen in the area of the courtyard, • ere the two houses lap
because that is e narrowest part of the house already.
Suzann. • : sked if removing the ADU would relieve some of the ' : twell
probl- s in the courtyard.
• . n responded that he does not lightwell in the courtyard as a problem,
712 W. FRANCIS - PARTIAL DEMOLITION
Amy stated that comments were made at the last meeting regarding the carriage
house and how it relates to the original structure. A revised plan has been
submitted that shows some smaller roof forms on the second floor of the carriage
house and the plate heights have been lowered. There is a two car garage with a
voluntary ADU above which will be reviewed by P &Z. It is a partial demolition
and the only area being demolished is where the new garage will attach to a new
porch so we are not loosing historic materials. Staff indicated that the garage was
in compliance with Ord. #30 and she recommends approval of the partial
demolition.
{ PEN HISTORICQtESFRVATION CoMMISSIC, JUNE 26.1996
Dennis Cyrus, architect represented the applicant. The roof lines have been pulled
down by creating a shed dormer on one side and the upper floor of the ADU has
been stepped back an additional five feet from the alley. This was done in order to
stay out of the setbacks and stay within the zoning requirements. The ridge line of
the addition is now at the same height of the ridge of the original house. The
siding of the shed dormer would match the siding on the shed dormer of the
original house but the owner would like to hear HPC's comments.
Neighbor to the west had concerns about the five foot distance between the fence
and that the character of the house has been altered an awful lot. She stated that
the foot print of the property has increased tremendously.
Amy stated that the applicant had to conform to everything that the neighbors
house had to conform to. The applicant us under their FAR.
Neighbor asked why the garage had to be jogged over instead of coming straight
off the alley.
Amy stated that it is a general feeling that HPC does not want the addition to be
continuous with the historic house, they want a distinction.
Lawrence Orbe, owner stated that the one bedroom in the back had to have a third
parking space and the jog creates that space for the vehicle.
Amy stated that a public hearing will be held by P &Z regarding the ADU.
COMMENTS
Mark stated that the problem with the neighbors is the fact that the garage has
shifted to the west and possibly it could be jogged to the east side.
Dennis stated functionally no as part of the back porch would have to be
demolished and the circulation through the kitchen comes out the back of the
house. The owner would be walking into the garage.
Lawrence Orbre stated that they desire to preserve the entire back porch.
' ■ • • t t : I ■ • u u ^' .TUNE 26. 1996
Martha stated that she does not like to see the large addition on the back and that
is what she thought would happen when the shed was lost.
Susan stated that she opposed the demolition of the shed but the ridge line of the
addition is appropriate.
Sven stated at an earlier meeting when the dormers were discussed on the front of
the historic house HPC discussed vertical siding to distinguish them from the rest
of the house. That is the chronological reason why tongue and groove is a good
choice. He also stated that on the second floor possibly the plate height could be
lowered to 6'8" on the garage addition and would accommodate the neighbors
concerns.
Dennis stated that the plate height of the gable and shed are 8 feet.
Sven stated that the gable could be pulled down to seven and the shed down to
6'8" feet and visually you will see the massing pulled down. Sven stated that the
plate heights are his only issue.
Donnelley stated that when you have vertical tongue and groove on the west
elevation of the ADU and horizontal siding on the north elevation that should be
resolved. He stated that he did not see the reason for changing the siding to
vertical arbitrarily. It made sense on the dormer of the new construction but it
should be consistent.
Amy stated that this is a partial demolition and all we have to review is that the
mass and scale is compatible with the house. It is not a two step review.
Donnelley stated then his concern is only the reduction of the plate height on the
second floor of the ADU.
Suzannah stated that the architect has done a good job and he agreed with the plate
height.
Roger stated that he would approve demolition with the condition that the plate
heights be reduced and that would be beneficial when the applicant goes to P &Z
to address the neighbors concerns. Possibly look at metal roofs on the shed roofs.
As a suggestion possibly not mixing the vertical and horizontal siding.
• ASPEN HISTORIC9RESFRVATION COMMISSION .ITTNF, 26, 1996
MOTION: Sven moved that HPC grant partial demolition to 712 W. Francis with
the condition that the plate heights of the ADU be lowered to 6'8" on the kitchen
and bath portion of the plan and a 7' plate height maximum in the living space;
second by Don. Motion carried 6 -1. Martha opposed.
Lawrence Orbe stated that it has been 8 months working with the HPC and he is
pleased with the out come. HPC has been constructive and helpful during the
process.
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AUG 09 '96 11 :56AM ASPEN HOUSING OFC P.1
MEMORANDUM
TO: Bob Nevins, Community Development Dept.
FROM: Cindy Christensen, Housing Office
DATE; August 9, 1996
RE; Orbe ADU Review
Parcel ID No. 2735-124-08-004
ISSUE The applicant is requesting development of an AOU to be located in an attached
"carriage house" to the exiting residence at 712 West Francis Street. I am not sure what
the size of the unit is to be, but the unit must fall within the Code:
Accessary dwelling units shell contain not less than three hundred (300) square feet of
allowable floor ems and not more than seven hundred (700) square feet of allowable Door
area. The unit shell be deed restricted meeting the housing authority's guidelines for
resident occupied units and shall be limited to rental periods of not fess then six 03) months
in duratbn. Owners of the minded residence shall have the right b place a qualified
employee or employees of his or her choosing in the accessory dwelling unit.
RECOMMENDATION: The Housing Office would recommend approval of the request
with the following conditions:
1. The kitchen must be built to the following specifications:
iittcfien - For Accessory Dwelling Units and Caretaker Dwelling Units, a minimum of a two-
burner store with oven, standard sink and a 6 -cubic foot refrigerator plus freezer
2. Before the applicant can receive building permit approval, the applicant must
provide to the Housing Office a signed and recorded Deed Restriction, which must
be obtained from the Housing Office.
3. The Housing Office also requests to inspect the unit prior to Certificate of
Occupancy.
referraRarbeadu
Exhibit B
MEMORANDUM
To: Bob Nevins, City Planner
Thru: Nick Adeh, City Engineer k
From: Ross C. Soderstrom, Project Engineer
Date: August 20, 1996
Re: Orbe Conditional Use Review for an ADU
(712 West Francis Street, City of Aspen: West 1/2 Half of Lot P and Lot Q, Block 15, City
and Townsite of Aspen, CO)
(Reference: Current Building Permit No. 6 -109)
After reviewing the above referenced application and making a site visit, I am reporting the
combined comments made by the members of the DRC:
1. Driveway & Parking: The proposed garage, driveway and parking space, each
accessed from the alley, pose no apparent problems and comply with applicable codes. The
parking configuration will need to be shown on the final improvement plans submitted for the
building permit change order.
2. Trash & Utility Areas: The submitted site plan does not indicate locations for these
facilities. Any new surface utilities requiring a pedestal or other above ground equipment must be
installed on an easement provided by the property owner and not located in the public rights -of-
way. This will avoid any conflict with use of the rights -of -way for public facilities and
improvements.
It appears that the existing telephone or television pedestal in the approximate middle of the alley
frontage will need to be relocated to construct the proposed garage and parking area. If so, an
easement will need to be dedicated for the relocated pedestal. The water service line for the
property has already been replaced as part of the remodel of the existing house. All existing and
any new easements for utilities must be shown on the final improvement plans and be recorded
prior to issuance of the building permit change order.
1 OF 2
DRCM1996. DOC
Exhibit B
Menlo - Orbe Conditional Use Revie an ADU
3. Site Drainage: One of the considerations of a development application for
conditional use is the availability and adequacy of public facilities to service the proposed use. One
public facility that is inadequate is the City storm sewer system. As such, the new development
cannot release more than historic (pre- development) storm run -off flows from the site and any
increase in historic storm run -off flows must be first routed and detained on the site. A drainage
report and plan must be included in the final improvement plans submitted for the building permit
change order. (No drainage plan is shown on the submitted application drawings nor is a drainage
report filed in the building permit file.)
4. Sidewalk Area: The property owner will be required to execute and record, prior to
building permit change order issuance, an agreement to construct curb, gutter and sidewalks when
needed for the neighborhood along the Francis Street frontage, although none is planned at this
time. A five ft. (5 ft.) sidewalk (or pedestrian) area should remain unobstructed by improvements
including vegetation, landscape boulders, fences; e.g. any new trees must be located to provide
space for and alignment of the future sidewalk with the neighboring sidewalk routes and grades to
either side. The pedestrian usable space must be shown on the final development plan.
5. Encroachments: None observed during the site review with the possible exception of
the above mentioned utility pedestal. The owner is responsible for construction and maintenance of
all landscaping and road shoulder improvements with prior City approval.
6. Improvement Districts: The property owner will be required to agree to join any
future improvement districts formed for the purpose of constructing improvements in adjacent
public rights -of -way. The agreement must be executed and recorded prior to issuance of the
building permit change order for the project.
7. Record Drawings: Prior to C.O. issuance the building permit applicant will be required
to submit to the Aspen/Pitkin County Data Processing Dept. as- builts drawings for the project
showing the property lines, building footprint, easements, encroachments, entry points for utilities
entering the property boundaries and any other improvements.
2 OF 2
DRCM1996 DOC
PUBLIC NOTICE
RE: ORBE CONDITIONAL USE FOR ACCESSORY DWELLING UNIT
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, September 3, 1996
at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities
Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by
Lawrence Orbe, requesting Conditional Use Review approval to include a 576 square foot
Accessory Dwelling Unit in the development of an attached "carriage house" addition to the
existing residence. The property is located at 712 W. Francis, and is described as the East 1/2 of
Lot P and all of Lot Q, Block 15, City and Townsite of Aspen. For further information, contact
Bob Nevins at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen,
CO (970) 920 -5102.
s/Sara Garton, Chair
Aspen Planning and Zoning Commission
LAWRENCE F. ORBE III P.r`
450 Soma GALENA
ASPEN, Cocotwo 81611 �� rr �,�i .
(970) 920-6500 FAX (970)544-0834 1`� ' `"' • "�"
4
h 6h✓ Mr arc. tk
,I'� a'lol°tim -14, rnymnitAtivki
Seirsl }�h¢ v bl it h a. + Fo*, o -h
y rwlw"j rc.jv�� +9 141t. ,4t rv4s bclaq.
July 30, 1996 ��
To Whom it May Concern:
�/�_
Please be advised that ponic rvrus. Box 11166, Aspen,
Colorado 81612, Phone 925 -5831, is the representative
authorized to act in my behalf concerning the Development
Application for 712 West Francis, Aspen, Colorado.
Sincerely,
La r n'Fc�'
MEMORANDUM
TO: City Engineering
Housing Office
Parks Department
FROM: Bob Nevins, City Planner
THRU: Dave Michaelson, Deputy Director
RE: Orbe Accessory Dwelling Unit - Conditional Use
Project Review Schedule
Community Development has received a conditional use application for an accessory
dwelling unit (ADU) at 712 West Francis Street, City of Aspen.
The following schedule has been established for the review of this application:
August 8 Design Review Committee (DRC) Meeting
August 15 Referral and DRC Memos (Draft) to Bob Nevins
August 22 = Referral and DRC Memos (Final) to Bob Nevins
August 27 Community Development Memorandum (Final)
August 29 Aspen Planning and Zoning Packets (Distribution)
September 3 Aspen Planning and Zoning Meeting (Public Hearing)
Please contact me at Ext. 5102 or by CEO if you have any questions regarding this
application or review schedule.