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HomeMy WebLinkAboutLand Use Case.CU.309 W Hallam St.A7-97 CAS?"LOAD SUMMARY SHEET - CITY Or-ASPEN DATE RECEIVED: 2/7/97 CASE # A7 -97 • DATE COMPLETE: STAFF: Mitch Hans PARCEL ID # 2735- 124 -76 -001 PROJECT NAME: Nathan Conditional Use for ADU Project Address: Lot 1, Charlie & Winston Subdivision 309 W. Hallam APPLICANT: Mr. & Mrs. James Nathan Address/Phone: 718 N. Linden DR. Beverly Hills Ca. 90210 OWNER: same Address/Phone: REPRESENTATIVE: David Panico Address/Phone: 1533 Juniper Hill Rd, Aspen, Co. 81611 RESPONSIBLE PARTY: Applicant Other Name /Address: FEES DUE FEES RECEIVED PLANNING $245 PLANNING $245 # APPS RECEIVED 10 ENGINEER $110 ENGINEER $110 # PLATS RECEIVED 10 HOUSING $70 HOUSING $70 GIS DISK RECEIVED: ENV HEALTH $0 ENV HEALTH $ CLERK $ CLERK $ TYPE OF APPLICATION TOTAL $425 TOTAL RCVD $425 Staff Approval Review Body Aleeting Date Public Hearing ? 9 P &Z �1aRcr, 'l, te797- M Yes QNo CC QYes QNo CC (2nd reading) - Ekes QNo REFERRALS: ❑ City Attorney ❑ Aspen Fire Marshal ❑ CDOT [City Engineer (DRC) ❑ City Water ❑ ACSD ❑ Zoning ❑ City Electric ❑ Holy Cross Electric II-lousing ❑ Clean Air Board ❑ Rocky Mtn Natural Gas 0 Environmental Health ❑ Open Space Board ❑ Aspen School District dParks ❑ Other: ❑ Other: DATE REFERRED: INITIALS: DATE DUE: APPROVAL: Ordinanc: • esolutio , # 77 -3 Date: 3h0 /4 F Staff App • :. Date: Plat Recorded: Book , Page CLOSED/FILED DATE: 3 40, 91 INITIALS: 4,0,,t ROUTE TO: 01.kt Lath.'._— Gh 4CeL MEMORANDUM TO: Aspen Planning and Zoning Commission THROUGH: Stan Clauson, Community Development Director Julie Ann Woods, Deputy Director FROM: Mitch Haas, City Planner RE: Nathan Residence Conditional Use for an Accessory Dwelling Unit (ADU) - Public Hearing. 309 W. Hallam Street, Lot 1, Charlie and Winston Subdivision, City of Aspen Parcel I.D. No. 2735- 124 -76 -001. DATE: March 4, 1997 SUMMARY: The applicant is requesting Conditional Use approval to construct an Accessory Dwelling Unit (ADU). The applicant owns a vacant lot at 305 W. Hallam and will be constructing a single family residence. The proposed ADU would be approximately 90% below grade, attached to the corresponding, primary residence. By providing the ADU, the applicant would obtain a GMQS Exemption, enabling the property owner to construct a new single - family home pursuant to City Land Use Regulations. The applicant's Conditional Use Application is attached as Exhibit "A ", and referral comments from Engineering, Housing and Parks are included as Exhibit `B ". Community Development staff recommends that the Conditional Use for the Accessory Dwelling Unit (ADU) at 309 W. Hallam be approved, subject to conditions. APPLICANT: Mr. and Mrs. James Nathan, represented by David Panico. LOCATION: Lot 1 (one) of the Charlie & Winston Subdivision is located at 309 W. Hallam Street in the City of Aspen. The lot is bounded by Hallam Street to the north, Bleeker Street to the south, 2nd Street to the east, and 3rd Street to the west. (See attached vicinity map). The surrounding uses are all residential in nature. ZONING: Medium - Density Residential (R -6) CURRENT LAND USE: None; the lot is vacant. LOT SIZE: The subject site has a lot size of 6,000 square feet (the area of this lot may be subject to further reductions such as those associated with slopes of 20% or greater). 1 .........._ . ALLOWABLE FAR: 3,240 square feet. (This FAR calculation is an estimates only; it does not take into account slope reductions, sub -grade areas, garage area calculations, or any potential FAR bonuses). PROPOSED LAND USE: One detached single - family residence with a corresponding accessory dwelling unit. Detached residential dwellings are permitted uses on lots of 6,000 square feet or greater in the R -6 zone. REVIEW PROCEDURE: Accessory Dwelling Units (ADU's) require conditional use approval by the Planning and Zoning Commission at a public hearing. It is a one -step review that requires notification to be published, posted and mailed in accordance with Section 26.52.060(E). The following sections of the code are applicable to this conditional use review: Section 26.40.090, Accessory Dwelling Units; Section 26.28.040, Medium - Density Residential (R -6); Section 26.60.040, Standards Applicable to All Conditional Uses; and, Section 26.58.040, Residential Design Standards. Pursuant to Section 26.58.040, Residential Design Standards, Community Development Department staff reviewed this proposal against the Residential Design Standards and found that the submitted development application complies with the requirements of said section. BACKGROUND: The lot in question was created in 1994 with City Council's passing of Ordinance 63, Series of 1994. This Ordinance granted a subdivision exemption for a lot split (See Exhibit "C "). The lot at 309 W. Hallam was, in effect, created by splitting the 12,000 square foot lot at 305 W. Hallam in half. The current proposal is for conditional use approval of an ADU. The ADU would be attached to the northeast corner of the primary residence, approximately 90% below grade. As proposed, the ADU would be 598 square feet and would have its own kitchen, bathroom, and access, as required by code. The two -car garage and associated driveway, accessed from the alley, will provide the three (3) required off - street parking spaces (See Exhibit "A "). By creating an ADU meeting the provisions of the code, the applicant would be granted a GMQS Exemption for the construction of a new single - family home on the lot, provided the home complies with the City Land Use Regulations. REFERRAL COMMENTS: The comments from the City Engineering, Housing, and Parks Departments are included as Exhibit B. 2 STAFF COMMENTS: Section 2640.090, Accessory Dwelling Units The proposed ADU will contain 598 square feet (See Exhibit "A ") and will be deed restricted, meeting the housing authority's guidelines for resident occupied units, limited to rental periods of not less than six (6) months in duration. The owners of the principal residence will retain the right to place a qualified employee(s) of his/her choosing in the ADU. One (1) off - street parking space will be provided on -site, and will be accessed from the alley. Therefore, the proposal complies with the requirements of Section 26.40.090(A)(1). Pursuant to Section 26.40.090(A)(2), the ADU is subject to all of the dimensional requirements of the underlying zone district, Medium- Density Residential (R -6), because it will be attached to the principal residence. An evaluation of the proposal against these requirements is provided below. Also, since the ADU will be attached to the primary residence, Section 26.490.090(A)(3) is not applicable. Section 26.40.090(A)(4) states that "an attached accessory dwelling unit shall utilize alley access to the extent practical." The proposed ADU would be accessed from the front of the lot, not the alley; however, its off -street parking space would be accessed from the alley. Although not currently proposed, staff feels that it would be both reasonable and advisable to require, as a condition of approval, that a foot path/walkway be required to connect the provided off -street parking space at the rear of the lot with the access to the ADU. Section 26.40.090(B), Development Review Standards, requires that "the proposed development be compatible with and subordinate in character to the primary residence located on the parcel as well as development located within the neighborhood, and assuming year -round occupancy, shall not create a density pattern inconsistent with the established neighborhood." The proposed ADU will appear as part of the primary residence, and it will be approximately 90% below grade; thus, it will be compatible with and subordinate in character to the primary residence. This property is located in the West End neighborhood which is, for the most part, made up of single family residences, many of which have attached or detached accessory dwelling units associated with them. The proposed ADU will be compatible with the character of the existing neighborhood and will not create a density pattern incompatible with that already established in the area. Section 26.28.040, Medium - Density Residential (R -6) Accessory dwelling units are permitted within the R -6 zone district as conditional uses. The lot has an area of 6,000 square feet. The required side yard setbacks call for a minimum of five (5) feet, but both sides combined must total at least fifteen (15) feet. The minimum front and rear yard setbacks are ten (10) feet each, but must combine for a total of at least thirty (30) feet. The site coverage is not allowed to exceed forty (40) 3 percent, and the maximum roof height cannot exceed twenty -five (25) feet, as measured to a variety of points depending on the particular roof slope. The allowable FAR is 3,240 square feet, and there must be a total of three (3) off -street parking spaces provided (two (2) for the principal residence and one (1) for the ADU). The proposed plans indicate that the development would meet all of the dimensional requirements of the zone district (See Exhibit "A "). Section 26.60.040, Standards Applicable to All Conditional Uses Pursuant to Section 26.60.040, a development application for a conditional use approval shall meet the following standards: (A) The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the zone district in which it is proposed to be located. The stated purpose of the R -6 zone district "is to provide areas for long -term residential purposes with customary accessory uses." ADU's are allowed as conditional uses in the R -6 zone district, and the proposal will be required to meet or exceed all of the dimensional requirements associated with the zoning. Furthermore, one of the stated themes of the AACP with regard to "revitalizing the permanent community" is to "increase resident housing." Also, the proposal is consistent with the following purposes, goals, objectives and standards of the AACP: • "Promote, market and implement Cottage Infill and Accessory Dwelling Unit programs;" • "Develop small scale resident housing which fits the character of the community and is interspersed with free market housing throughout the Aspen Area and up valley of Aspen Village;" and, • "The public and private sectors together should develop . . . employee- occupied accessory dwelling units, to achieve the identified unmet need to sustain a critical mass of residents." Staff finds that this conditional use application for an ADU complies with Section 26.60.040(A). (B) The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. The subject parcel is surrounded by residential uses, some of which have associated accessory dwelling units, and the proposed ADU use is both consistent and compatible with the existing residential development in the immediate vicinity. 4 (C) The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties. As mentioned earlier in this memo, the proposed ADU will be mostly sub -grade and will appear as part of the principal residence, thus, its location, size and design will minimize any potential adverse visual impacts. Like all of the surrounding properties, the ADU's parking and trash service will be accessed from the alley at the rear of the property. No noise, vibration, or odor related impacts are anticipated. The proposed ADU will operate like any other residence or ADU found in the neighborhood. The anticipated impacts will be negligible. (D) There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. There are adequate public facilities and services to serve the proposed uses. It will be within an existing, well - established neighborhood. See Engineering referral comments, attached as Exhibit B. (E) The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. While the proposed development of an ADU will not generate an increase in the employment base, the applicant will be supplying an ADU which, pursuant to Section 26.40.090(A)(1), will be deed restricted, registered with the housing office, and available for rental to an eligible working resident of Pitkin County for periods of not less than six months in duration, thereby serving the need for increased affordable housing in the City of Aspen. (F) The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this title. The proposed conditional use will comply with all additional standards imposed on it be the AACP and by all other applicable requirements of the Municipal Code, such as those contained in Section 26.58.040, Residential Design Standards. STAFF FINDINGS: Based upon review of the applicant's land use application and the referral comments, Community Development staff finds that there is sufficient information to support the request. The proposal meets or exceeds all standards applicable to the review of Accessory Dwelling Units as conditional uses. 5 RECOMMENDATION: Community Development staff recommends that the conditional use request for an Accessory Dwelling Unit at 309 W. Hallam Street be approved with the following conditions: 1. Prior to the issuance of any building permits the applicant shall: a) Verify with the Housing Office that the allowable floor area of the Accessory Dwelling Unit contains between 300 and 700 square feet; b) Verify with the Housing Office that the ADU will contain a kitchen having a minimum of a two -burner stove with oven, standard sink, and a 6 -cubic foot refrigerator plus freezer; c) Provide the Housing Office with a signed and recorded Deed Restric- tion, a copy of which must be obtained from the Housing Office; d) Clearly identify the Accessory Dwelling Unit (ADU) on building permit plans as a separate one - bedroom unit; e) Be granted a FAR bonus equal to 50% of the ADU floor area (up to a maximum of 350 sf) only if the ADU is registered with the Housing Office and available for rental to a qualified employee working within Pitkin County; f) Provide a minimum of one off - street parking space for the ADU that shall be shown on the final plans; g) Install any new surface utilities requiring a pedestal or other above ground equipment on an easement provided by the property owner and not within the public rights -of -way; h) Locate any additional proposed construction in such a way that it does not encroach into an existing utility easement or public right -of -way; i) Agree to join any future improvement district(s) which may be formed for the purpose of constructing improvements in adjacent public rights - of -way; the agreement shall be executed and recorded concurrently upon approval of this application; and 2. Prior to the issuance of a Certificate of Occupancy (CO), the applicant shall: a) Submit as -built drawings of the project showing property lines, building footprint, easements, any encroachments, entry points for utilities entering the property boundaries and any other improvements to the Aspen/Pitkin County Data Processing Department in accordance with City GIS requirements, if and when, any exterior renovation or remodeling of the property occurs that requires a building permit; and 6 b) Permit 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 of improvements, including landscaping, within public rights -of -way; b) Parks Department for tree removal, landscaping, and selection of vegetative species; c) City Streets Department for street and alley cuts; and, shall obtain permits for any work or development, including landscaping, within public rights -of -way. 4. Prior to the issuance of any building permits, a review of any proposed minor changes from the approvals, as set forth herein, shall be made by the Planning and Engineering Departments, or referred back to the Planning and Zoning Commission. 5. The plans submitted for building permit review shall include a foot path/walkway connecting the provided off - street parking space at the rear of the lot with the entryway /access to the ADU. 6. All material representations made by the applicant in this application and during public meetings with the Planning and Zoning Commission shall be adhered to and shall be considered conditions of approval, unless otherwise amended by a Board /Commission having authority to do so. ALTERNATIVE RECOMMENDATIONS: The Planning and Zoning Commission may decide to approve the proposal with the conditions outlined above, approve the proposal with additional and/or modified conditions, or deny the conditional use request for an Accessory Dwelling Unit. RECOMMENDED MOTION: "I move to approve the conditional use request for the proposed Accessory Dwelling Unit at 309 W. Hallam Street with the conditions outlined in the Community Development Department memo dated March 4, 1997." EXHIBITS: "A" - Conditional Use Application "B" - Referral Comments "C" - Ordinance 63, Series of 1994 7 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE APPROVAL OF A CONDITIONAL USE FOR AN ACCESSORY DWELLING UNIT AT THE NATHAN RESIDENCE LOCATED AT 309 WEST HALLAM STREET, LOT 1, CHARLIE AND WINSTON SUBDIVISION, CITY OF ASPEN Resolution 97 -3 WHEREAS, The Community Development Department received an application from Mr. and Mrs. James Nathan, owners, for a Conditional Use Review for a partially below -grade studio Accessory Dwelling Unit having approximately five hundred ninety eight (598) square feet; and WHEREAS, Pursuant to Section 26.40.090 of the Aspen Municipal Code, • Accessory Dwelling Units may be approved by the Planning and Zoning Commission as Conditional Uses in conformance with the requirements of said Section; and WHEREAS, the Housing Office, City Engineering, Parks Department and Community Development Department reviewed the proposal and recommended approval with conditions; and WHEREAS, during a public hearing at a regular meeting on March 4, 1997, the Planning and Zoning Commission approved by a 5 -1 vote the Conditional Use for the Nathan Accessory Dwelling Unit with the conditions recommended by the Community Development Department. NOW, THEREFORE BE IT RESOLVED by the Commission: That the Conditional Use for a partially below - grade, studio Accessory Dwelling Unit containing approximately 598 square feet attached to the proposed Nathan residence at 309 West Hallam Street is approved with the following conditions: 1. Prior to the issuance of any building permits the applicant shall: a) Verify with the Housing Office that the allowable floor area of the Accessory Dwelling Unit contains between 300 and 700 square feet; b) Verify with the Housing Office that the Accessory Dwelling Unit will contain a kitchen having a minimum of a two -burner stove with oven, standard sink, and a 6 -cubic foot refrigerator plus freezer; c) Provide the Housing Office with a signed and recorded Deed Restriction, a copy of which must be obtained from the Housing Office; d) Clearly identify the Accessory Dwelling Unit (ADU) on building permit plans as a separate one - bedroom unit complying with the 1994 UBC Sound Transmission Control guidelines; e) Provide a minimum of one off - street parking space for the Accessory Dwelling Unit that shall be shown on the final plans; f) Install any new surface utilities requiring a pedestal or other above ground equipment on an easement provided by the property owner and not within the public rights -of -way; g) Locate any additional proposed construction in such a way that it does not encroach into an existing utility easement or public right -of -way: h) 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: recording fees shall be paid prior to final building inspection: i) Submit a current Improvement Surrey to the Engineering Department; j) Show all proposed trash containment areas on development plans: k) Submit a plat meeting the requirements of the Municipal Code: 1) Obtain tree removal permits from the Parks Department for any tree with a six -inch (6) or greater diameter which is intended to be removed or relocated. Submit for tree removal permits at least two (2) weeks prior to submitting for building permit; and. m) Submit a drainage mitigation plan. including an erosion and sediment control and contaminant plan, signed and stamped by an engineer registered in the State of Colorado. Site development must meet the runoff design standards of Section 26.S8.040(C)(4)(t) 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, if and when, any exterior renovation or remodeling of the property occurs that requires a building permit; and b) Permit Community Development Department, Engineering Department and Housing Office staff to inspect the property to determine compliance with the conditions of approval. c) Obtain the authorization/sign -off of Housing Department staff. 3. The applicant shall consult with City departments regarding the following: a) The applicant must receive approval from City Engineering for design of improvements, including landscaping, within public rights -of -way; b) The applicant must receive approval from the Parks Department for tree removal, landscaping, and selection of vegetative species; c) The applicant must receive approval from the City Streets Department for mailboxes. street and alley cuts; and. shall obtain permits for any work or development. including landscaping, within public rights -of -way. Approval of building permit plans does not constitute approval of design or work in the public right -of -way. 4. Any street cutting for utility connections shall be paved with no less than four - inch (4) thick hot mix asphalt followed by a slurry seal to preserve the existing pavement condition and the finished surface. 5. Development shall meet current driveway requirements. 6. Pedestrian space must be retained along the street rights -of -way and must contain a five (5) foot wide pedestrian usable space (not a concrete sidewalk) with a five (5) foot buffer space to the curb; the first seventeen (17) feet from the back of the curb will be public right -of -way and shall not be obstructed. 7. Any trees which are to be retained must be protected prior to any demolition, grading, excavation or material storage by the placement of barricade fences around the driplines of the trees. 8. Applicant is required to provide snow stops and gutters on the portion(s) of the roof that will overhang the walkway to the Accessory Dwelling Unit. 9. Prior to the issuance of any building permits, a review of any proposed minor changes from the approvals. as set forth herein, shall be made by the Planning and Engineering Departments, or referred back to the Planning and Zoning Commission. 10. The applicant is required to include a foot path/walkway connecting the provided off - street parking space at the rear of the lot with the entryway /access to the Accessory Dwelling Unit. • 11. All material representations made by the applicant in this application and during public meetings with the Planning and Zoning Commission shall be adhered to and shall be considered conditions of approval, unless otherwise amended by a Board/Commission having authority to do so. APPROVED by the Commission at its regular meeting on March 4, 1997. Attest: Planning and Zoning Commission: V_i t617171Al e Lothian, Deputy City Clerk Sara Garton, Chairperson 7 ,,z. d , / 9 V Arrnaimerr 1 7D LSE APPLICATION E1 1) Project Name NA bN Rt=�(t 11GE 2) Project Location 1-ar % , CU RU e * l^k I N6TC(. S2 t V I S4O ,l CrrY Z WEN , 30g W - 1-01-1-6P1 (indicate street address, lot & block number, legal description where . appropriate) 3) Present Zoning 2-Go 4 � ) w of Size � r 5) Applicant's Name, Address & Phone $ }./IR $ M icMECI NET -161 4 IIS. UNtTANI r42. *evE LV(- •IIUh • 6) Representative's Name, Address & Phone `e Mao PANICD, 1533JuN tt t pia/ RD, A SN Co - SItoi 7) Type of Application (please check all that apply): QDrditional Use _ Conceptual SPA _ Conceptual Historic Dev_ Special Review _ Final SPA _ Final Historic Des- _ 8040 Gr en ine Corceptual MD _ Minor Historic Dev- - Stream Margin _ Final POD _ Historic Demolition _ Mountain view Plane _ Subdivision ' _ Historic Designation n umization' _ Text/Ma2 Amendment _ GCS Allotment tct SpLit/tot rime • _ . — GCS Eoemption Pdjust e nt _ 8) Des ii ion of Existing Uses - (raabei and type of existing s cture ; appt*wi me sq. ft-; number of bedre ms; any previous appals granted to the PAY) - 9) De of Development Application Iz�vlr l e� A ,' • 'ro let CoN e-D 1r1 C©wuMCnoM Istrm coNalwcvoN, op NEN (zit peNCEL 10) Have you attached the following? )C Response to Attachment 2, Minima= 4d-mi KiOn Contents 1 � Respeuse to Attachment 3, Sp'rt fic Submission Contents X Response to Attachment 4, Review Stardards for Your Application • D ESIGN itY D AVID Mr. Mitch Haas >P A N II ' ® February 7, 1997 City Planner Aspen /Pitkin Community Development 130 S. Galena St. Aspen, Co. 81611 Re: Nathan A.D.U. Conditional Use Application Dear Mitch, This letter is in response to the requirements Identified in the conditional use application package issued to me by your office. I will respond point by point to each issue outlined in the application. Municipal Code Section 26.28.040 The proposed residence is to built on a lot in the R -6 Zone District. The permitted use for this lot is detached residential dwelling. The lot is comprised of 6000 sq. ft. The required side yard set back is a minimum of 5', and both side yards must total 15'. The required rear and front yard setbacks must total 30' with a minimum setback of 10'. The maximum site coverage allowed can not exceed 40 %. The maximum roof height is 25' measured to a variety of points depending on roof slope. The allowable F.A.R. is 3240 sq.ft. There are 2 required parking spaces for the residence. and. 1. required parking space for the A.D.U. The proposed residence adheres to all of the requirements stated above. Municipal Code Section 26.40.090 A.1 The proposed accessory dwelling unit will be .comprised of 591 sq. ft. The applicant understands that the unit shall be deed restricted and will meet the Housing Authority's guidelines for resident occupied units. As stated above, the A.D.U. will have it's own parking space at the alley entrance to the garage, but on a practical basis parking will most likely happen on Hallam St. as the .entrance to the A.D.U. is much closer to it than the alley. A.2 The proposed A.D.U. conforms to the dimensional requirements of the underlying zone district. A.3 Does not apply. B.1,2,3,4 Do not apply. C. Does not apply. D. Does not apply. Municipal Code Section 26.58.010 Due to the fact that the proposed A.D.U. is attached to (actually it is 90% below grade, beneath the house) the proposed residence and The residence is subject to an BOX F -3 ASPEN COLORADO 81612 PHONE 970 923 5394 FAX 970 923 1260 Ordinance 30 review it can be assured that this project will meet the Residential Design Standards. Municipal Code Section 26.60.040 A. The proposed A.D.U. is consistent with the goals, objectives, and standards of the Aspen Area Comprehensive plan in that the plan specifically addresses the need to re-invigorate the residential areas of Aspen. The West End was specifically sited as a neighborhood that was in need of the introduction of more human activity and interaction of people. By providing this A.D.U. the applicant furthers these goals. B. The conditional use being applied for is consistent and compatible with the character of the immediate vicinity. The West End is a residential neighborhood, the A.D.U. is a residence. C. The impacts of the conditional use being applied for will be minimal due to the fact that , as stated previously, the A.D.U. is mostly sub - grade. In addition, the A.D.U. will most likely be occupied by one individual when it is occupied at all. Therefore the sited pedestrian, vehicular, parking, trash, etc., impacts will be negligible. D. The existing public facilities in the surrounding area are adequate to serve this conditional use. E. Does not apply. F. The proposed conditional use complies with all additional standards that the applicant is aware of regarding the Aspen Area Comprehensive Plan. BOX F -3 ASPEN COLORADO 81612 PHONE 970 923 5394 FAX 970 923 1260 , . ,, , ______) \i\ 0 V . r e-yr--.1 ,r______Th7---------\\----------- 7 / Y / —Th (r 11 /� 1% Q Z j U � 1 1� U bF ��., J � ti p J A// vi ,1 1E 3DRads � ._ " t--- h (� /� ._ t �l - U , „ it-,-- - p ni7 U LI U 0 v J 73 ?; a . zi ii / ,, ,, J � � r 1 c y ti .- , iTh- f • �, 1S U 0 PR I cc, . U io L ___ i / ( S U �. d Ui U F � Len; U 'Wa 5 mL 1 I VI U Q 8RQ • . nnk,Drini 1 13,31 nano, , -- ... fi'ri _. tea 1 . _ � 4r I �� .onn /7R\�il'1➢MQ . 1/430447.7/V rbae_4 f 134017 \ /\ I „..... f....---11# I7N tears , , wM X M � wwi- c7491v1 r E \ 1 0 0 -f Jr" ) • ; t om/ `` \ , A . -- 1140•✓/\ ^ • \�� �r n11 � 01111 / 1.-4001107G � , 11, Ce H ...-- ---C.----.-\-----\ 1 WO-y 190 i..•.rnw • )ate: 22-Jul- 96 Time: 09:3 >..»1 B U Y E R (S) F I N A L C L O S I N G S T A T E M E N T Prepared by STEWART TITLE OF ASPEN, INC. 620 East Hopkins Aspen, CO 81611 (970) 925 -3577 suyer(s) • JAMES A. NATHAN :eller(s) DOREMUS FAMILY LIMITED PARTNERSHIP, L.L.L.P. ,ender 'roperty • Lot 1 CHARLIE AND WINSTON SUB 'losing date 07/26/1996 Proration date: 07/26/1996 'ile Number...: 00022984 DEBIT CREDIT ;ALES PRICE 700,000.00. )EPOSITS: :arnest money deposit 40,000.00 REMITTER: STEWART TITLE ) RORATIONS: :aunty taxes 1,288.84 from 01/01/96 to 07/26/96 ® $ 6.22528 per day , later /Sewer from 07/26/96 to 09/01/96 13.71 SCROW CHARGES: :eel Estate Closing fee 150.00 PAYEE...: STEWART TITLE OF ASPEN, INC. 'ITLE CHARGES: 'ax Certificate 10.00 PAYEE...: STEWART TITLE OF ASPEN, INC. RECORDING FEES /TRANSFER CHARGES: Recording fees Deed amount $21.00 21.00 PAYEE...: CLERK & RECORDER Documentary fee 70.00 PAYEE...: CLERK & RECORDER Real Estate Transfer Tax -- Aspen 9,500.00 PAYEE...: CITY OF ASPEN SUBTOTALS: 709,764.71 41,288.84 BALANCE DUE FROM BUYER: 668,475.87 TOTALS: 709,764.71 709,764.71 My signature hereon acknowledges approval of tax prorations, and signifies my understanding that prorations were based on figures for preceding year, or estimates for current year, and in event of any .change for current year, all necessary adjustments must be made between Seller and Purchaser direct according to the Real Estate Tax Agreement executed herewith; likewise any DEFICIT in delinquent taxes will be reimbursed to Title Company by the Seller. The undersigned further acknowledges the above information was assembled from sources 5 ..•- 1. Effective date: June 14, 1996 at 7:30 A.M. 2. Policy or Policies to be issued: Amount of Insurance (a) A.L.T.A. Owner's (standard) $ 700,000.00 Proposed Insured: JANES A. NATHAN (b) A.L.T.A. Mortgagee's (Standard) $ Proposed Insured: (c) Leasehold $ Proposed Insured: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is fee simple 4. Title to the fee estate or interest in said land is at the effective date hereof vested in: DOREMUS FAMILY LIMITED PARTNERSHIP, L.L.L.P. 5. The land referred to in this Commitment is described as follows: Lot 1, CHARLIE AND WINSTON SUBDIVISION EXEMPTION, according to the Plat thereof recorded September 28, 1995 in Plat Book 38 at Page 25 as Reception No. 385972. COUNTY OF PITKIN, STATE OF COLORADO STATEMENT OF CHARGES These charges are due and payable before a Policy can be issued. 1992 Owners Premium $ 1,727.00 Tax Certificate $ 10.00 STEWART 777LE OF ASPEN, INC. 620 E. Hopkins, Aspen, Co. 81611 �� gnL Autho7l Zel Countersignature February 7, 1997 Mr. Stan Clausen Planning Director Aspen /Pitkin Community Development 130 South Galena Street Aspen, CO 81612 I, James A. Nathan of 718 North Linden Drive, Beverly Hills, California 90210 (Phone 310 -274- 7121), authorize David Panico of 1533 Juniper Hill Road, Aspen, Colorado 81611 (Phone 970- 923 -5394) to represent me in the accompanying application for conditional use for an Accessory Dwelling Unit in my residence to be constructed at 309 West Hallam Street in the city of Aspen. Sincerely, am / es A. Nathan 1-\/E5 Q TR . T q qg \ lair • • - al 44 , ....\ • / • ( AI% O N f rat ionftftmiik . i _ .C. / –6 "J Ifir i . 18 _zu ti t lit 1 1 y 1 1 , r tieller I 21 , .1 . . / i I / 2 / 1 1Yi,e r per / �' gel a; / I I / I � / BNTIZANGE t0 i \ A .', � / AGLE o2Y q 8 /k- / I . 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OUVUUO'IOD `NadSV `J 23I.LS NVVTIVH .LSaAA 60E p a3MHUISB :I NVI- 11.,VN z W LCD u D zo 8 1i e F. r; Agnoa _ §a a c o ♦ 4 / v I _ i sil i s 1 u . r � J ■ � � 1) 1 1 + ♦ I I ,. 1 - , [I O1 I / o cc j Iii , > la III F I, i \ I o 5 I 17-11 e __ , !! [ �. 1 SIMI = ICI 1., i ___ 1 _ -� _ 1 ____ 1 -- 1_ 1 1 1 _______ I 1 4 - + l 1 r r r , ■ 1 FEB 24 '97 05 :21PM ASPEN HOUSING OFC I EXNigtTs B al MEMORANDUM TO: Mitch Haas, Community Development Department FROM: Cindy Christensen, Housing Office DATE: February 24, 1997 RE: Nathan Conditional Use Review for an ADU parcel ID No, 2735- 124 -76 -001 I SSUE : The applicant is requesting to build a 591 square foot ADU to be attached to the principal residence, with 90% of the unit below grade. BACKGROUND: The size of the accessory unit falls within the guidelines of the Code, as it is 591 net livable square feet: Accessory dwelling units shall contain not less than three hundred (300) square feet of allowable floor area and not more than seven hundred (700) square feet of allowable floor area. The unit shall be deed restricted, meeting 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 accessory dwelling unit. The kitchen must also be built to the following specifications: Kathy, - For Accessory Dwelling WAS and Caretaker Dwelling Units, a minimum of a two - burner stove with oven, standard sink, and a 6 -cubic foot refrigerator plus freezer. RECOMMENDATION: Should the ADU be approved, the following conditions must be met: 1. an accessory dwelling unit deed restriction needs to be recorded prior to building permit approval (this form is provided by the Housing Office); and 2. sign -off of Housing staff on the Certificate of Occupancy. treferr M8han MEMORANDUM To: Mitch Haas, Planner /f Thru: Nick Adeh, City Engineer /lit _' From: Chuck Roth, Project Engineer I Date: February 20, 1997 Re: Nathan Conditional Use for an Accessory Dwelling Unit (Parcel ID No. 2735 - 124 -76 -001 ) I have reviewed the above referenced application, and I have the following comments: 1. Previous Approvals - The parcel was previously granted land use approvals by Ordinance No. 63 (Series of 1994). e c • • • • ; • -- •• • • ••a •a• •t• •- • ••• -• •- elo•ment. 2. Site Improvement Survey - The application did not include an improvement survey. A current improvement surve must be submitted with the buildin• •ermit a•plication. The surve m t -' reference a current title policy to ensure documentation of easements. 3. Trash & Utilities - Show trash containment area on final development plans. All utility meters and any new utility pedestals must be installed on the applicant's property and not in the public right -of -way. For pedestals, easements must be provided. The building permit drawings must Ly'' indicate all utility meter locations. Meter locations must be accessible for reading and may not be obstructed by trash storage. The applicant may consider separate water and electric service lines and meters, and wastewater service line, for the ADU. 4. ite Drainage - As provided for in the earlier approvals, the site development must meet runoff •esi•n standard . - 26.::., 1. ••• •- • • •••• •-•••• .•• • ••• •• i de a drainage miti•atio• . • • • • • •• •e• b an en• inee - - • • _ e St. - • • .rado. Also, the buildine permit application must include an erosion and sediment control and containment plan. 5. Hallam Street Pavement - This street was resurfaced last year with a chip seal application followed by a slurry seal. It has been a general principal to preserve newly rebuilt or re -paved street 1 • surfaces for a five year period where feasible. In the case of this land use application, we recommend that grit ilication be conditioned upon any street cutting for utility connections be re- .aved with no less than " thick hot mix as 'halt fs lowed b a si • -. .. - - • e the existing aavement condition and the finished surface. 6. Snow Storage - The applicant is advised that the approximately 17 feet between the their property line and the curb is public right -of -way. This area must include a five foot wide pedestrian usable space (not a concrete sidewalk) with a five foot buffer space to the curb. Much of this area will be encumbered with snow plowed off the street during the winter. The street superintendent reports that the south side of Hallam Street maintains a great deal of snow because it is the shady side of the street. Therefore care should be exercised in the design and vegetation in the space. 7. Improvement Districts - The applicant should be required to agree to join any improvement districts that are formed for the purpose of constructing improvements in adjacent public rights -of- way and to provide a signed and notarized agreement with recording fees prior to the final building inspection. 8. Work in the Public Right:of - way - Given the continuous problems of unapproved work and development in public rights -of -way adjacent to private property, we advise the applicant as follows: The applicant must receive approval from city engineering (920 -5080) for design of improvements, including landscaping, within public rights -of -way, parks department (920 -5120) for vegetation species, and streets department (920 -5130) for mailboxes , street and alley cuts, and shall obtain permits for any work or development, including landscaping, within public rights -of -way from the city community development department. M97.36 2 EXHIBIT " C 385969 8-795 P- 173 = 49/28/95 04:09P PG 1 OF DOC NO SILVIA DAVIS PITKIN COUNTY CLERK & RECORDER 21.00 ORDINANCE NO. (0 3 (SERIES OF 1994) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SUBDIVISION EXE AND GM li, MW EXEMPTION , BLOCK 43, SPLIT FOR 305 WEST P N) STREET (LOTS F, G, ASPEN, COLORADO WHEREAS, pursuant to Sections 24 -7 -1003 and 24 -8 -104 C., of the Municipal Code, a lot split is a subdivision exemption and GMQS exemption reviewed by City Council; and WHEREAS, the applicant, Andrew J. Doremus has requested to split his 12,000 square foot parcel to create two 6,000 square foot residential parcels; and WHEREAS, the Planning Department, Engineering Department, Zoning Enforcement Officer, Historic Preservation Officer, and Parks Department have reviewed the application and recommend approval of the lot split with conditions; and WHEREAS, the Aspen City Council has reviewed and considered the subdivision exemption and GMQS exemption under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered those recommendations made by the Planning Department and has taken and considered public comment at public hearing; and WHEREAS, the City Council finds that the lot split, with conditions, meets or exceeds all applicable development standards; and WHEREAS, the City Council finds that this Ordinance furthers 1 and is necessary for public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: 385969 B -795 P -174 '28/95 04:09P PG 2 OF 4,,e Section Pursuant to Sections 24 - 7 -1003 and 24 - 8 -104 C. of the Municipal Code, and subject to those conditions of approval as specified hereinafter, the City Council finds as follows in regard to the subdivision exemption and GMQS exemption: 1. The applicant's submission is complete and sufficient to afford review and evaluation for approval. 2. The subdivision exemption is consistent with the purposes of subdivision which is to assist in the orderly and efficient development of the city and safeguard the interests of the public and the subdivider and provide consumer protection for the purchaser. Section 2: Pursuant to the findings set forth in Section 1 above, the City Council does hereby grant a subdivision exemption and GMQS exemption for 305 West Hallam Street with the following conditions: ./1 The Plat must meet the requirements of Section 24- 7- 1004.D. of the Municipal Code. 2) The developer shall replace the damaged curb and gutter on the Second Street frontage before issuance of a Certificate of Occupancy. 3 ) Any development on the parcel must comply with storm runoff requirements of Section 24 - 7 -1004 C.4.f. 4) An electric transformer easement shall be provided for the existing meter box on lot 1 and a 4'x4' easement is required at the southeast corner of lot 2. ,2 The applicant shall agree to join any future improvements districts for improvements to be constructed in the public right - of -way. 6) Permits from the Streets Department are necessary for any work in the right - of -way, including landscaping. Approval of building permit plans does not constitute approval of design or work in the public right -of -way. 7) Development on each parcel shall meet current driveway requirements. 8) Pedestrian space must be retained along the street rights - of -way. 2 385969 B -795 P -175 »/28/95 O4:09P PG 3 OF 4 9) The time along of development of Lot must relocated 10) Prior to the issuance of any demolition or building permits, tree removal permits from the Parks Department are required for any tree 6 "diameter or greater which will be removed or relocated. Submit for tree removal permits at least two weeks prior to submitting for building permit. 11) Trees which will be retained must be protected prior to any demolition, grading, excavation or material storage by the placement of barricade fences around the driplines of the trees. 12) All material representations made by the applicant in the application and during public meetings with the Council shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. 13) The subdivision plat and subdivision exemption agreement shall be reviewed and approved by the Engineering and Planning Departments and shall be filed within 180 days of final approval or the subdivision exemption approval is void. 14) The plat shall contain language stating that the setback non - conformities created by the new lot line shall be eliminated during redevelopment on the two lots to conform with the setback requirements of the R -6 zone district. Section 3: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. Section 4: This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5: A public hearing on the Ordinance shall be held on the 3 385969 8-795 P -176 /28/95 O4:O9P PG 4 OF 4'-- /L day of at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published one in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the / day of y /� �^ , 1994. John Bennett, Mayor :ATTEST: s - d. _ l / ' . % athryn Kgbh, City Clerk FINALLY, adopted, passed and approved this / 2 day of 1994. Ask IA ,jrt ' 1 Joh Bennett, Mayor : = :Roah, City Clerk I S ttttttt 4 FEB.27 '97 4:15Pt1 P.1 Memorandum TO: Mitch Haas, Community Development Planner FROM: Rebecca Schickling, Parks Department DATE: February 27, 1997 RE: Nathan Conditional Use for an ADD We have reviewed the application submitted by the Nathants and offer the following continents. The greatest concern is the location of the garage and driveway off of the alley. There are two fairly significant trees shown to be removed in the middle of the proposed driveway. The trees are represented on the site plan as two aspen trees, one 8" and one 16 ". They are however, actually a poplar (the 16 ") and a weeping birch (the 8 "). It does not seem as though there is auy significant reason the driveway and garage need to be in that exact location and consequently lose the trees. Weeping birches are a fairly uncommon tree for the area and this one appears to be in good condition. Additionally, the previous owner of the lot, Andrew Doremus, went through n considerable amount of trouble to relocate existing Imes that were previously in the center of the lot to ensure that trees were not in the center of the building envelope. It is our recommendation that the architect be required to relocate au: garage and driveway to the east in order to preserve the trees. During construction, no excavation or placement of fill should occur within the dripline of the trees. MEMORANDUM TO: Mayor and City Council ' 1 THRU: Amy Margerum, City Manager 151-(7 THRU: Stan ClausE , ,t Community Development Director FROM: Kim Johnson, Planner DATE: December 12, 1994 RE: Charlie & Winston Subdivision Exemption and GMQS Exemption for a Lot Split, Second Reading of Ordinance 63, Series of 1994 (Public Hearing) SUMMARY: The applicant, Andrew J. Doremus, requests a lot split to create two 6,000 s.f. residential parcels from one 12,000 s.f. parcel. Pursuant to Sections 24 -7 -1003 and 24 -8 -104 C. a lot split is a subdivision exemption and GMQS Exemption by Council. First reading was approved on the consent calendar on November 14, 1994. /nk, s^ The property is located at 305 W. Hallam Street. It is zoned Go . R -6 Medium Density Residential. 4 APPLICANT'S REQUEST: The request is for a subdivision exemption I( to split the 12,000 square foot parcel into two 6,000 square foot parcels. The underlying R -6 zone will allow a single family residence on each of the parcels. An existing residence straddles the proposed lot line, but is intended to be demolished for redevelopment of the new lots. Please refer to Exhibit "A" for the proposed plat. REFERRAL COMMENTS: Please see complete referral memos, Exhibit "B". Parks: Rebecca Baker stated that development on the two new parcels will have an impact on the mature deciduous and evergreen ,! trees on the site. These trees should be saved or relocated on 44, site. Tree removal /relocation permits are required prior to the issuance of any demolition or building permits. Engineering: Chuck Roth forwards the following: "Wad ma 1) The Plat must meet the requirements of Section 24- 7- 1004.D. of the Municipal Code. 2) The developer shall replace the damaged curb and gutter on the Second Street frontage before issuance of the Certificate of Occupancy. 3) Any development on the parcel must comply with storm runoff requirements of Section 24 -7 -1004 C.4.f. 4) An electric transformer easement shall be provided for the existing meter box on lot 1 and a 4'x4' easement is required at the southeast corner of lot 2. 5) The applicant shall agree to join any future improvements districts for improvements in the public right -of -way. 6) Permits are necessary for any work in the right -of -way, including landscaping. 7) Development on each parcel shall meet current driveway requirements. 8) Pedestrian space must be retained along the street rights- of -way. 9) The encroaching fence along Second Street must be relocated or removed at the time of development of Lot 2. Zoning: Bill Drueding submitted the following: 1) Development on Lot 2 shall comply with the setback rule for corner lots under Section 24 -3 -101 Yards (c). Historic Preservation: Amy Amidon stated that the owner has requested that the parcel be removed from the inventory of historic landmarks. The HPC has considered the request and is forwarding a recommendation to City Council that the property be taken off of the inventory. Council will hear first reading of this item in January. If Council denies the removal request, the demolition, partial demolition or relocation of the home will have to be approved by the HPC. If the Council approves the request, HPC review is not required. STAFF COMMENTS: There is an existing 1,200 s.f. single family residence on the parcel. As mentioned in the Parks referral comments, there are significant trees on the site. The setbacks in the R -6 zone can accommodate many of these trees by keeping development from the root zones. However, there is no regulation that prohibits the removal of trees from the site. It is suggested that the applicant voluntarily agree to save and protect the four spruces along Hallam, the three aspens in the rear yards, and as many of the deciduous trees in the middle of the lots as feasibly possible. In order to protect the trees, barricades must be erected at the trees' drip lines prior to commencement of any construction activity such as demolition, grading, excavation or material storage. Based on current codes, the FAR allowed for each new single family home is 3,240 s.f. By designing two story homes, more yard area would be provided to accommodate the mature trees. The split of a lot for the purposes of the development of one detached single - family dwelling is a subdivision exemption by 2 Council. In addition, the development of a single family home on a lot formed by a lot split is also a GMQS Exemption by Council. Pursuant to Sections 24 -7 -1003 and 24 -8 -104 C., a lot split subsequent to November 14, 1977 may be granted if all of the following conditions are met: 1. The land is not located in a subdivision approved by either the Pitkin County Board of County Commissioners or the City Council, or the land is described as a metes and bounds parcel which has not been subdivided after the adoption of the subdivision regulations by the City of Aspen on March 24, 1969. RESPONSE: The property is in the original Townsite and East Aspen Addition, thus is not located in a subdivision approved by either the BOCC or Council, and has not been subdivided after 1969. B. No more than two lots are created by the lot split, both lots conform to the requirements of the underlying zone district and the applicant commits that any lot for which development is proposed will contain an accessory dwelling unit. When there is demolition of the property which makes it subject to the provision of Article 5, Division 7, Replacement Housing Program, the standards of that program shall supersede these requirements. RESPONSE: No more than 2 lots will be created by this lot split. The two parcels will conform to the underlying R -6 zone district requirements. HPC will not review any demolition or development on this parcel provided that the property is removed from the inventory as requested by the owner. Because the existing home conflicts with the - proposed lot line bisecting the property, the Subdivision Exemption Plat must reflect that any new development on the parcels will require that these buildings conform to the required side yard setbacks. This Plat note removes the need to have the existing structures go before the Zoning Board of Adjustment for a variance to the new setbacks or to demolish the structure prior to recording the plat. The 1990 affordable housing mitigation requirements of Ordinance 1 (Section 24 -8 -104 A.1.c.) supersede the 1988 requirements that each lot created by a lot split must provide an accessory dwelling unit. However, if an accessory dwelling unit is proposed, it must receive approval as required by the land use regulations. Otherwise, Ordinance 1 allows for other options including deed restriction of the new units or payment of cash -in -lieu for new floor area on the parcel. C. The lot under consideration, or any part thereof, was not previously the subject of an exemption under the provisions of this article or a "lot split" exemption pursuant to a GMQS Exemption by Council. 3 RESPONSE: The subject parcel was not previously granted an exemption under the provisions of Chapter 24, the Land Use section of the Municipal Code. D. A subdivision plat is submitted and recorded after approval, indicating that no further subdivision may be granted for these • lots nor will additional units be built without receipt of applicable approvals-pursuant to this article and growth management allocation pursuant to Article 8. RESPONSE: A subdivision plat and subdivision exemption agreement shall be reviewed by the Planning and Engineering Departments and shall be recorded within 180 days of final approval. Failure to record the agreement and plat shall nullify the approval. RECOMMENDATION: Staff recommends approval of the proposed lot split with the following conditions: 1) The Plat must meet the requirements of Section 24- 7- 1004.D. of the Municipal Code. 2) The developer shall replace the damaged curb and gutter on the Second Street frontage before issuance of a Certificate of Occupancy. 3) Any development on the parcel must comply with storm runoff requirements of Section 24 -7 -1004 C.4.f. 4) An electric transformer easement shall be provided for the existing meter box on lot 1 and a 4'x4' easement is required at the southeast corner of lot 2. 5) The applicant shall agree to join any future improvements districts for improvements to be constructed in the public right -of -way. 6) Permits from the Streets Department are necessary for any work in the right -of -way, including landscaping. Approval of building permit plans does not constitute approval of design or work in the public right -of -way. 7) Development on each parcel shall meet current driveway requirements. 8) Pedestrian space must be retained along the street rights - of -way. 9) The encroaching fence along Second Street must be relocated or removed at the time of development of Lot 2. 4 10) Prior to the issuance of any demolition or building permits, tree removal permits from the Parks Department are required for any tree 6" diameter or greater which will be removed or relocated. Submit for tree removal permits at least two weeks prior to submitting for building permit. 11) Trees which will be retained must be protected prior to any demolition, grading, excavation or material storage by the placement of barricade fences around the driplines of the trees. 12) All material representations made by the applicant in the application and during public meetings with the Council shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. 13) The subdivision plat and subdivision exemption agreement shall be reviewed and approved by the Engineering and Planning Departments and shall be filed within 180 days of final approval or the subdivision exemption approval is void. 14) The plat shall contain language stating that the setback non - conformities created by the new lot line shall be eliminated during redevelopment on the two lots to conform with the setback requirements of the R -6 zone district. RECOMMENDED MOTION: "I move to approve at second reading Ordinance 63, Series of 1994 for the Charlie & Winston lot split subdivision exemption at 305 West Hallam Street, Aspen Colorado." Ordinance 63, Series of 1994. EXHIBITS: A. Proposed Plat B. Referral Comments C. Published Public Notice • 5 385973 B -795 P -182 °.9/28/95 04:26P PG 1 OF t REC DOC NO SILVIfa DAVIS PITKIN COUNTY CLERK & RECORDER 26.00 0.00 SUBDIVISION EXF.MPTJON AGREEMENT FOR THE WINSTON & CHARLTF LOT SPLIT THIS SUBDIVISION EXEMPTION AGREEMENT is made and entered into this 5th day of Iune, 1995, by and between VEJ AND AJD PARTNERSHIP, LLC (hereinafter called "Owner and THE CITY OF ASPEN, A MUNICIPAL CORPORATION ( "City"), as of the dates provided below. WITNESSETH: WHEREAS, Owner owns that certain real property (the " Property ") located at 305 West Hallam (Lots F, G, H, & I, Block 43, City and Townsite of Aspen), State of Colorado; and WHEREAS, on December 12, 1994, the City Council of the City of Aspen granted approval for subdivision exemption and GMQS exemption for a lot split on the Property pursuant to Sections 24 -7 -1003 and 24- 8- 104(C) of the Municipal Code of the City of Aspen to split a 12,000 square foot parcel to create two 6,000 square foot residential parcels; and WHEREAS, the approval of the lot split was conditioned upon the Owner complying with certain requirements including entering into a Subdivision Exemption Agreement for the Property; and WHEREAS, Owner has submited to the City for approval, execution and recordation a plat for the Property (the "Plat ") and the City agrees to approve, execute and record the Plat on the agreement of the Owner to the matters described herein, subject to the provisions of the Code, the conditions contained herein and other applicable rules and regulations; and WHEREAS, the City has imposed conditions and requirements in connection with its approval, execution and and acceptance of the Plat and such matters are necessary to protect, promote and enhance the public health, safety and welfare and, pursuant to the Code, the City is entitled to assurances that the matters set forth herein will be faithfully performed by the Owner; and WHEREAS, the Owner is willing to enter into such agreement with the City and to provide assurances to the City. NOW, THEREFORE, in consideration of the mutual covenants contained herein and the approval, execution and acceptance of the Plat for recordation by the City, it is agreed as follows: 1. Acceptance of Plat. Upon execution of this Agreement by all parties hereto, and upon approval of the final plat by the Engineering Department and planning Office, the City agrees to approve and execute the final plat for the subdivision exemption and GMQS exemption for a lot split submitted herewith, which conforms to the requirements of Section 24- 7- 1004(D) of the Code. 385973 9-795 P -183 09/28/95 04:26P PG 2 OF 5 2. public improvement. a. The Owner shall replace the damaged curb and gutter on the 2nd Street frontage before issuance of a Certificate of Occupancy. b. Electric transformer easement shall be provided for the existing meter box on Lot 1 and a 4x4 easement is required at the southeast corner of Lot 2. c. The Owner shall agree to join in future improvement districts for purposes of constructing improvements in the public right -of -way. d. Pedestrian space must be retained along the streets' right -of -way. e. Any work, including landscaping, conducted in the public right of way requires a permit from the City's Street Department, and approval of building plans does not constitute approval of design of work in public right of way. 3. Landscaping. a. Tree removal permits from the City Parks Department are required as part of the issuance of any demolition or building permits for any tree 6" in diameter or greater which shall be removed or relocated. At least two weeks prior to requesting a building permit from the City, the Owner must submit for tree removal permits.. b. Trees that will be retained must be protected prior to any demolition, grading, excavation or material storage by the placement of barracades fences around the drip lines of the trees. 4. Miscellaneouq. a. Any development on the Property must comply with storm runoff requirements of Section 24- 7- 1004(C)(4)(F) of the Code. b. The fence encroaching along Second Street must be relocated or removed at the time of development of Lot 2. C. Any development on each parcel shall meet current driveway requirements. -2- • 385973 B-795 P-184 09/28/95 04:26P PG 3 OF' 5. Material Representatiops. All material representations made by Owner on record to the City in accordance with the approval of the project shall be binding upon the Owner. 6. Eaf'orrement. In the event the City determines that Owner is not in substantial compliance with the terms of this Agreement or the Final Plat, the City may serve a notice of noncompliance and request that the deficiencies be corrected within a period of forty-five (45) days. In the event the Owner believes tht it is in compliance or that the noncompliance is insubstantial, the Owner may request a hearing before the City Council to determine whether the alleged noncompliance exists or where any amendment, variance or extension of time to comply should be granted. On request, the City shall conduct a hearing according to its standard procedures and take such action as it deems appropriate. The City shall be entitled to all remedies at equity and at law to enjoin, correct and/or receive damages for any noncompliance with this Agreement. 7. Notices. Notices to the parties shall be sent by U.S. certified mail, return receipt requested, postage prepaid to the parties may substitute in writing. Such notices shall be deemed received, if not sooner received, three (3) days after the date of mailing of the same. To the Owner: VEJ -AJD Partnership, LLC c/o Andrew J. Doremus 0085 Glen Garry Aspen, CO 81611 To the City: City Attorney City of Aspen 130 S. Galena Aspen, CO 81611 8. Binding Effect. The provisions of this Agreement shall run with and constitute a burden on the land and shall be binding and inure to the benefit of the Owner, its successors and assigns and to the City, its successors and assigns. 9. Amendment. This Agreement may be altered or amended only by written instrument executed by all the parties hereto, with the same formality as this Agreement was executed. 10. Severability. If any of the provisions of this Agreement are determined to be invalid, such determination shall not affect the remaining provisions hereof. -3- 385973 - B- 795 - P -185 "'..9/28/95 04 :26P PG 4 OF 5 IN WITNESS WHEREOF, the parties hereto have executed this Subdivision Exemption Agreement the day and year first written above. VET-AJD P:.• TNERSHIP LC By: / / , '(drew T. Do .. Member APPROVED AS TO FORM: THE CITY OF ASPEN, COLORADO ATTEST: a municipal corporation By:i /_a!, ,,�.._ . By: Kathryn S och, City Clerk STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing was sworn and subscribed to before me this / day of t& L 1995, by Andrew J. Doremus, an authorized member of VEJ -AJD Partnership LL Witness my hand and official seal. .e S f ,� My commission expires /O - -9? "I: m� ?' // �T��r . C z Notary Public "... d' . r ' ' / P o 1 '••.,,� •o..... Q' .. ..........C..: .. • [Nagy Block an Following Page.] -4- 385973 0 -795 P -186 4/28/95 04:26P PG 5 OF 5 STATE OF COLORADO ) )ss. COUNTY OF PITKIN ) oo�n and subscribed to before me this .�b day of )4_2_, 1995, by dII thryn S. Koch, as Mayor and City Clerk respectively, of The City of Aspen; a Municipal corporation. Witness my hand and official sell /99 .mmission expires a [ !. • ..� ;y Qh:. No . 4 blic • • -5- 3 PUBLIC NOTICE RE: NATHAN CONDITIONAL USE FOR ACCESSORY DWELLING UNIT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, March 4, 1997 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Mr. and Mrs. James Nathan, requesting approval to construct a 591 square foot Accessory Dwelling attached to the proposed residence. The property is Located at 309 W. Hallam, and is described as Lot 1, Charlie and Winston Subdivision. For further information, contact Mitch Haas at the Aspen/Pitldn Community Development Department, 130 S. Galena St, Aspen, CO (970) 920- 5095. s /Sara Garton. Chair Aspen Planning and Zoning Commission Published in the Aspen Times on February 15, 1997 City of Aspen Account