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Land Use Case.CU.425 W Francis St.A20-96
CASFA.OAD SUMMARY SHEET - CITY OF-ASPEN DATE RECEIVED: 3/14/96 CASE # A20 -96 DATE COMPLETE: STAFF: Suzanne Worn PARCEL ID # 2735 - 124 -24 -002 PROJECT NAME: Neisser Residence ADU Project Address: 425 W. Francis, Aspen, CO APPLICANT: Neisser, Judith Address/Phone: 114 E. Bleeker, Aspen; 925 -7213 REPRESENTATIVE: Gibson Reno Architects Address/Phone: 210 E. Hyman, Suite 202, Aspen, CO 81611; 925 -5968 FEES: PLANNING $235 # APPS RECEIVED 1 ENGINEER $0 # PLATS RECEIVED 1 HOUSING $0 ENV HEALTH $0 TYPE OF APPLICATION: TOTAL $$235 One Step Review l3oxl■ Meeting Date Public Hearing ? P &Z 9 (Z ]Yes ❑No CC ❑Yes ❑No CC (2nd reading) ❑Yes ❑No REFERRALS: ❑ City Attorney ❑ Aspen Fire Marshal ❑ CDOT a City Engineer ❑ City Water ❑ ACSD ❑ Zoning ❑ City Electric ❑ Holy Cross Electric 7 Housing ❑ Clean Air Board ❑ Rocky Mtn Natural Gas ❑ Environmental Health ❑ Open Space Board ❑ Aspen School District �ZJ Parks ❑ Other: ❑ Other: 11 DATE REFERRED: 3 J-C) INITIALS: la- DATE DUE: 3/2 (o C / 9 1 ) APPROVAL: Ordinance/Resolution # Date: Staff Approval Date: Plat Recorded: Book , Page CLOSED/FILED DATE: INITIALS: ROUTE TO: r. es RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE APPROVAL OF A CONDITIONAL USE FOR AN ACCESSORY DWELLING UNIT AT THE NEISSER RESIDENCE, 425 W. FRANCIS ST. (LOTS C, D & E, BLOCK 35, CITY AND TOWNSITE OF ASPEN) Resolution No. 96- 11 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 Planning Office received an application from Judith Neisser for a Conditional Use review for a studio accessory dwelling unit of approximately 393 net livable square feet within a proposed residence; and WHEREAS, the proposed unit is 100% above grade, therefore the site is allowed an FAR bonus of 250 square feet pursuant to the definition of Floor Area "Accessory Dwelling Unit ", Section 26.04.100 of the Aspen Municipal Code; and WHEREAS, the Housing Office, City Engineer, Parks Department, Water Department and the Community Development Department reviewed the proposal and recommended approval with conditions; and WHEREAS, during a public hearing at a regular meeting on April 2, 1996, the Planning and Zoning Commission approved by a 3 -2 vote the Conditional Use review for the Neisser accessory dwelling unit with the conditions recommended by the Planning Office, as amended. NOW, THEREFORE BE IT RESOLVED by the Commission: That the Neisser Conditional Use for a 393 s.f. net livable, above grade accessory dwelling unit is approved with the following conditions: 1. The access to the unit shall be redesigned to provide a separate, private entrance, prior to submission of the deed restriction to the Housing Office. 2. Prior to the issuance of any building permits, the applicant shall comply with the following: A. The owner shall submit the appropriate deed restriction to the Aspen/Pitkin County Housing Office for approval. Upon approval of the deed restriction by the Housing Office, the applicant shall record the deed restriction with the Pitkin County Clerk and Recorders Office with proof of recordation to the Planning Office. The deed restriction shall state that the accessory unit meets the housing guidelines for such units, meets the definition of Resident Occupied Unit, and if rented, shall be rented for periods of six months or longer; B. Kitchen plans shall be verified by the Housing Office to ensure compliance with specifications for kitchens in ADUs; and C. A tree removal and mitigation plan shall be submitted for review and approval by the Parks Department. Tree removal permits shall be required for the removal or relocation of any tree greater than 6" caliper. All remaining trees must be protected during construction with no encroachment of the driplines during excavation. 3. The ADU shall be clearly identified as a separate dwelling unit on building permit plans and shall comply with U.B.C. 35 sound attenuation requirements. 4. Prior to issuance of a Certificate of Occupancy, the Planning Office shall inspect the unit to ensure compliance with the conditions of approval. 5. All new surface utility needs and pedestals must be installed on -site. 6. The applicant shall abandon the existing water line on the property if the new residence will not be constructed within 6 months after the existing residence is demolished. 7. The applicant shall adhere to all material representations made in the application and during public meetings with the Planning and Zoning Commission and shall consider these representations to be conditions of approval, unless otherwise amended by other conditions. APPROVED by the Commission at its regular meeting on April 2, 1996. Attest: Planning and Zoning Commission: / Amy Sch j 'd Deputy City Clerk Sara Garton, Chair inc MEMORANDUM TO: Planning and Zoning Commission FROM: Suzanne Wolff, Planner RE: Neisser Conditional Use Review For an Accessory Dwelling Unit (ADU) - Public Hearing DATE: April 2, 1996 SUMMARY: The applicant is requesting conditional use approval to construct an ADU located within a proposed new residence. The studio ADU is located on the upper level of the residence and contains approximately 393 square feet. The application packet is attached as Exhibit A. Staff recommends approval of the onditional use for an accessory dwelling unit with conditions. APPLICANT: Judith Neisser, represented by Steve Buettow, Gibson Reno Architects LOCATION: 425 W. Francis; Lots C, D & E, Block 35, City and Townsite of Aspen ZONING: R -6 LOT SIZE: 9,000 square feet FAR: Allowed = 3,660 square feet; Proposed = 3,349 square feet REFERRAL COMMENTS: Please see comments from the the Housing Office (Exhibit B). Verbal comments from the Parks, Engineering and Water Departments are included below; written comments will be available at the meeting. Housing Office: Cindy Christensen has reviewed the project, and notes that the unit has a private entrance and is located on the upper level of the residence. The Housing Office recommends approval subject to the following conditions: • The kitchen shall include a minimum of a two -burner stove with oven, standard sink, and a 6 -cubic foot refrigerator plus freezer. • The unit shall be deed - restricted prior to building permit approval. Parks Department: A tree removal/relocation plan shall be provided to the Parks Department for review and approval prior to issuance of any building permits. Any removal of trees will require a tree removal/relocation permit. All remaining trees must be protected during construction with no encroachment of the driplines during excavation. Engineering Department: Three parking spaces are indicated in front of the garage; the westernmost space is within the setback. The existing fence encroaches outside of the front property line. Water Department: Phil Overeynder requests that the applicant abandon the existing water line on the property if the new residence will not be constructed within 6 months after the existing residence is demolished. STAFF COMMENTS: Conditional Use Review - Pursuant to Section 26.60.040, the criteria for a conditional use review are as follows: A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the Zone District in which it is purposed to be located; RESPONSE: A fundamental goal of the Aspen Area Community Plan is to "Create housing opportunities for 60% of the workforce to live up -valley of the Aspen Village Trailer Park ". A short-term goal with the Housing Action Plan was to develop "650 new affordable housing units, including employee - occupied ADUs to achieve the identified current unmet need to sustain a critical mass of residents ". Staff notes that an additional goal included the revision of the ADU program to require registration and deed restrictions of all ADUs. The ADU, as depicted, exceeds the minimum net livable requirement of 300 square feet. The unit must comply with the Housing Guidelines and shall be deed restricted as a resident occupied unit for working residents of Pitkin County. The property is zoned R -6 (medium density residential). Lands in the R -6 zone are generally limited to the original Aspen Townsite, contain relatively dense development patterns, and are within walking distance to the central core. 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 R -6 zone is a relatively dense zone district, which is appropriate for the development of ADUs. In staff's opinion, the proposed ADU does not represent an incompatible use, and the proximity to the downtown core is consistent with long -term policies of community revitalization. 2 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 unit meets the overall objective of liveability; the unit is above grade, obtains adequate natural light, and has a separate exterior entry from the alley. Parking is provided on the driveway apron in front of the garage. 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; RESPONSE: No additional infrastructure is required for the ADU above and beyond what is in place for the existing neighborhood. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; RESPONSE: The ADU must be deed restricted for resident occupancy. If the unit is rented, they must be used to house a qualified working resident of Pitkin County. F. The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this chapter. RESPONSE: The proposed unit is required by Ordinance 1, 1990, and must be deed restricted. STAFF RECOMMENDATION: Staff recommends approval of the ADU with the following conditions: 1. Prior to the issuance of any building permits, the applicant shall comply with the following: A. The owner shall submit the appropriate deed restriction to the Aspen/Pitkin County Housing Office for approval. Upon approval of the deed restriction by the Housing Office, the applicant shall record the deed restriction with the Pitkin County Clerk and Recorders Office with proof of recordation to the Planning Department. The deed restriction shall state that the accessory unit meets the housing guidelines for such units, meets the definition of Resident Occupied Unit, and if rented, shall be rented for periods of six months or longer; B. Kitchen plans shall be verified by the Housing Office to ensure compliance with specifications for kitchens in ADUs; and 3 ti. C. A tree removal and mitigation plan shall be submitted for review and approval by the Parks Department. Tree removal permits shall be required for the removal or relocation of any tree greater than 6" caliper. All remaining trees must be protected during construction with no encroachment of the driplines during excavation. 2. The ADU shall be clearly identified as a separate dwelling unit on building permit plans and shall comply with U.B.C. 35 sound attenuation requirements. 3. Prior to issuance of a Certificate of Occupancy, the Planning Department shall inspect the unit to ensure compliance with the conditions of approval. 4. All new surface utility needs and pedestals must be installed on -site. 5. The applicant shall abandon the existing water line on the property if the new residence will not be constructed within 6 months after the existing residence is demolished. 6. The applicant shall adhere to all material representations made in the application and during public meetings with the Planning and Zoning Commission and shall consider these representations to be conditions of approval, unless otherwise amended by other conditions. RECOMMENDED MOTION: "I move to approve the conditional use for an ADU at 425 W. Francis St. with the conditions as outlined in the Planning Office Memo dated April 2, 1996 ". Exhibits: "A" - Application Packet "B" - Referral Comments 4 • MID USE APPLICATION FoRm EXHIBIT A 1) Project Name N0 ) fi / /iS$3 /V'Ct 2) Pivject location 1 �✓ ,c mr"G Sint , . etterizeso earrs c. n si 6 flG t t 35 Cif ' .ta''n str6- ot.tspsr• (indicate street address, lot & block number, legal iption \.&Ere appropriate) p 3) Present Zoning p � 4) Lot Size / Ct 5) Applicant's Name, Address & Phone # ft/ /� //4' P3trS aC, AVE?"' , v ee-Co,'2fl 8/6 /. 925- 7Z/5 6) Representative's Name, Address & Phone # 7d O nac ##"/ rtrs 2/O E: Mfriv.tw 4i.if6 202 /►'S w ed.-0 b' /6/• 925- 67 6 P 7) Type of Application (please c eck.all that apply) : • Conditional Use _ Conceptual SPA _ Conceptual Historic Dev. _ Special Review _ Final SPA _ Final Historic i v. _ 8040 Greenhi e _ Conceptual IVD _ Minor Historic Dev. _ Stream Margin _Final PhD Coalition _HistoriCoalition - _ Mountain View Plane _ Subdivision Historic Designation Condnminiumizatim _ Ttoct,/Map Merriment _ GI $ Allotment lot Split/Int Line _ GEW cn Adjustment 8) near ptim of Existing Uses (number and type of existing statures; ctures; apprradmote sq. ft.; number of bedzioanss; any previous a irova s granted to the Pr -rty) - 1 6� Gs id.- / S A- l •) 4 "4eL Sec 7 Mex'an S'an 9) Description of Development a.pt i atim ,APL / Gaunt.' 5 /»Z /71 40.0 fie") ,et-r' ,,f CA, ardent/ ^/4 . f roc,) 10) Have you attached the following? VAC Response to Atthichment. 2, Minimum SuOission Qrrtents /yam to Attactment 3, Specific Submission Contents / f.3 to A N'' 4, Iaeview Standards f Y ou' Application . 9: (a -a - o6>_ March 12, 1996 Aspen/ Pitldn County Community Development Department DAVI D 130 South Galena Street GI BSON, Aspen, Colorado 61611 AIA Re: Neleser Residence AUGUST Conditional Use (A.D.U.) RENO. 425 W. Francis Aspen, Colorado AIA We are pleased to submit the enclosed application for the Conditional Use of Accessory Dwelling Unit (ADU) in the residence located at 425 W. Francis In Aspen, Colorado. SCOTT The following addresses Attachment 4, Items A- F of the Review SMITH. Standards for the development of a Conditional Use. AIA A. The current zoning of the property is R4 which allows Accessory Dwelling Units as a Conditional Use within this zone district The Aspen Area Comprehensive Plan . '• . • encourages residences to provide an ADU within a single .� X4 �� family residence to help supply housing within the Aspen Area. �� 1I 9 %/ B. The Conditional Use is consistent and compatible with the '• �� • character of the immediate vicinity of the West End parcel. .� i The surrounding area consists of single family residences GIBBON ' several existing ADU's. • A R C H I T E C T S • C. The 393 Square Foot, Studio ADU will be located on the Upper Level 111 of the Single Family residence and Is provided with a separate exterior Entry. The Entry Is located off the exiting Alley adjacent to the Garage. There is provision for 3 Parldng Spaces In addition to the single Garage. The ADU will have no adverse effects 210 E. HYMAN on the surrounding properties. D. The Accessory Dwelling Unit is located In a single family residence No 202 within the city limits of Aspen, and has access to all public facilities and services. ASPEN COLORADO E. As a requirement of Ordinance 41, replacement housing program, 81611 for a new single family home within the R4 zone district the applicant must provide an Accessory Dwelling Unit or pay a fee in lieu. This ADU unit fultiiIs this requirement 303.925.5968 F. This Conditional Use of the Accessory Dwelling Unit complies with FACSIMILE all standards by the Aspen Area Comprehensive Plan and the requirements of Ordinance 91. 303.925.5993 Thank you for your time in reviewing our request for an Accessory Dwelling Unit and should you have any further questions regarding this application, please feel free to contact me. P.O. BOX 278 117 N. WILLOW Sincerely, No 2 TELLURIDE COLORADO 81435 August G. Reno 303.728.6607 FACSIMILE 303.728.6658 March 12,1996 DAVID Aspen/ Pitkin County Community Development Department GIBSON, 130 South Galena Street AIA Aspen, Colorado 81611 AUGUST RENO, AIA This application is for a Conditional Use of an Accessory Dwelling Unit. The development is located at 425 W. Francis. The legal description is Lots C, D & E, Block 35, Aspen Townsite. SCOTT SMITH, AIA Floor Area Ratio Proposed Allowable` . °'iudu�lu+lfr!0' First Floor 2175 SF Second Floor 856 SF GIBSON RENO ADU: 534 -250 SF= 284 SF .ARCHITECTS• III 3315 SF 210 E. HYMAN Garage 318 SF N° 202 -250 SF 9000 SF R-6 Duplex Lot = ASPEN .5 FAR x 68 = 34 SF 4080 SF COLORADO 81611 303.925.5968 3349 SF 4080 SF FACSIMILE ; lL ) <� 4 4 303.925.5993 ` P.O. BOX 278 117 N. WILLOW N °2 TELLURIDE COLORADO 81435 303.728.6607 FACSIMILE 303.728.6658 . II ti I) II "t 0, C a= II J it I ��� _: 1 r ___ t �� 3� it 5212 � ,_ �m r.' Z g l arcnotrrnonanarcca s IN Z J W 1 �`' o G co Iql 4 � m y � W M � co t II 8 01 :0 0 I 1 1 z I .ice ■ a w - �„ . NM Z l aill Z _ b 0\ �J I j W ,a, U 0 J D 0 z Qo n U G m ° °a Q S. 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Dig ° ¢ w x E o z. � z > w g b0 �a - 1r v) a J S • ff N <6 < ly C 1 z c ° , 1 __ I 1111 III II11 . \ -� \ Eli MP 1 . it ���11 ��iIII _ rb : ill rl yA = 11111 : 1111111 i I 0I 11 1 P NE I _ . _ III MP 11111111 C �' IIIIIIII - IIIIIIIIIIIIIII 11111101111 SI E IP 1 IIIIIIIIIIIIIII MP . 0 1 1 =EH = Q wo wo 0 w� w, (J ID MAP 22 '96 04 :29PM F.1 EXHIBIT B MEMORANDUM TO: Suzanne Wolff, Community Development Dept. FROM: Cindy Christensen, Housing Office DATE: March 22, 1996 RE: Neisser Conditional Use for ADU Parcel ID No. 2735-124-24-002 ISSUE: The applicant is requesting to build a studio ADU to be located in the upper level of a single - family residence. BACKGROUND: The size of the accessory unit falls within the guidelines of the Code: Accessory dweling units shall contain not leas 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 shag 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 applicant states that the unit is to have a private entrance which will be located off the existing alley, adjacent to the garage. The kitchen must also be built to the following specifications: Kitchen - For Accessary Dwelling Units and Caretaker Dwelling Units, a minimum of a two- burner stove with oven, standard sink, and a 6 -cubic foot refrigerator plus freezer. RECOMMENDATION: Staff recommends approval as long as the following conditions are met: 1. the kitchen is as stated above; and 2. an accessory dwelling unit deed restriction needs to be recorded before building permit approval; this form is provided by the Housing Office. ireferrahelsseradu , � MEMORANDUM O TO: Planning and Zoning Commission ` 1 3 - Z FROM: Suzanne Wolff, Planner RE: Neisser Conditional Use Review For an Accessory Dwelling Unit (ADU) - Public Hearing DATE: April 2, 1996 SUMMARY: The applicant is requesting conditional use approval to construct an ADU located within a proposed new residence. The s�dio ADU is located on the upper level of the residence and contains approximately 393 square feet. The application packet is attached as Exhibit A. Staff recommends approval of the conditional use for an accessory dwelling unit with conditions. ) co11" rk APPLICANT: Judith Neisser, represented b S teve Buettow, Gibson Reno Architects LOCATION: 425 W. Francis; Lots C, D & E, Block 35, City and Townsite of Aspen ZONING: R -6 LOT SIZE: 9,000 square feet FAR: Allowed = 3,660 square feet; Proposed = 3,349 square feet REFERRAL COMMENTS: Please see comments from the the Housing Office (Exhibit B). Verbal comments from the Parks, Engineering and Water Departments are included below; written comments will be available at the meeting. Housing Office: Cindy Christensen has reviewed the project, and notes that the unit has a private entrance and is located on the upper level of the residence. The Housing Office recommends approval subject to the following conditions: • The kitchen shall include a minimum of a two -burner stove with oven, standard sink, and a 6 -cubic foot refrigerator plus freezer. • The unit shall be deed - restricted prior to building permit approval. Parks Department: A tree removal/relocation plan shall be provided to the Parks Department for review and approval prior to issuance of any building permits. Any removal of trees will require a tree removal /relocation permit. All remaining trees must be protected during construction with no encroachment of the driplines during excavation. 7 l ct cQ A (9 (/l fa /u2du ct but -GL . as6SY Lh cry Engineering Department: Three parking spaces are indicated in front of the garage; the westernmost space is within the setback. The existing fence encroaches outside of the front property line. Water Department: Phil Overeynder requests that the applicant abandon the existing water line on the property if the new residence will not be constructed within 6 months after the existing residence is demolished. STAFF COMMENTS: Conditional Use Review - Pursuant to Section 26.60.040, the criteria for a conditional use review are as follows: A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the Zone District in which it is purposed to be located; RESPONSE: A fundamental goal of the Aspen Area Community Plan is to "Create housing opportunities for 60% of the workforce to live up- valley of the Aspen Village Trailer Park ". A short-term goal with the Housing Action Plan was to develop "650 new affordable housing units, including employee - occupied ADUs to achieve the identified current unmet need to sustain a critical mass of residents ". Staff notes that an additional goal included the revision of the ADU program to require registration and deed restrictions of all ADUs. The ADU, as depicted, exceeds the minimum net livable requirement of 300 square feet. The unit must comply with the Housing Guidelines and shall be deed restricted as a resident occupied unit for working residents of Pitkin County. The property is zoned R -6 (medium density residential). Lands in the R -6 zone are generally limited to the original Aspen Townsite, contain relatively dense development patterns, and are within walking distance to the central core. 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 R -6 zone is a relatively dense zone district, which is appropriate for the development of ADUs. In staff's opinion, the proposed ADU does not represent an incompatible use, and the proximity to the downtown core is consistent with long -term policies of community revitalization. 2 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 unit meets the overall objective of liveability; the unit is above grade, obtains adequate natural light, and has a separate exterior entry from the alley. Parking is provided on the driveway apron in front of the garage. 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; RESPONSE: No additional infrastructure is required for the ADU above and beyond what is in place for the existing neighborhood. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; lI RESPONSE: The ADU must be deed restricted for resident occupancy. If the unit is rented, must be used to house a qualified working resident of Pitkin County. F. The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this chapter. RESPONSE: The proposed unit is required by Ordinance 1, 1990, and must be deed restricted. STAFF RECOMMENDATION: Staff recommends approval of the ADU with the following conditions: 1. Prior to the issuance of any building permits, the applicant shall comply with the following: A. The owner shall submit the appropriate deed restriction to the Aspen/Pitkin County Housing Office for approval. Upon approval of the deed restriction by the Housing Office, the applicant shall record the deed restriction with the Pitkin County Clerk and Recorders Office with proof of recordation to the Planning Department. The deed restriction shall state that the accessory unit meets the housing guidelines for such units, meets the definition of Resident Occupied Unit, and if rented, shall be rented for periods of six months or longer; B. Kitchen plans shall be verified by the Housing Office to ensure compliance with specifications for kitchens in ADUs; and 3 0 C. A tree removal and mitigation plan shall be submitted for review and approval by the Parks Department. Tree removal permits shall be required for the removal or relocation of any tree greater than 6" caliper. All remaining trees must be protected during construction with no encroachment of the driplines during excavation. 2. The ADU shall be clearly identified as a separate dwelling unit on building permit plans and shall comply with U.B.C. 35 sound attenuation requirements. 3. Prior to issuance of a Certificate of Occupancy, the Planning Department shall inspect the unit to ensure compliance with the conditions of approval. 4. All new surface utility needs and pedestals must be installed on -site. 5. The applicant shall abandon the existing water line on the property if the new residence will not be constructed within 6 months after the existing residence is demolished. 6. The applicant shall adhere to all material representations made in the application and during public meetings with the Planning and Zoning Commission and shall consider these representations to be conditions of approval, unless otherwise amended by other conditions. RECOMMENDED MOTION: "I move to approve the conditional use for an ADU at 425 W. Francis St. with the conditions as outlined in the Planning Office Memo dated April 2, 1996 ". Exhibits: "A" - Application Packet "B" - Referral Comments kPy )7 k-e oLe41..tr -ov\P (011.„. `` &AA:Q ilt c--011 v r e e C G 4 MEMORANDUM TO Suzanne Wolff, Community Development b L v♦ FROM Rebecca Baker, Parks Department __ 'x, DATE: March 29, 1996 RE: Neisser ADU We have reviewed the drawings for the Neisser ADU and have a few concerns regarding removal of trees on the lot. It is difficult to determine the true impact on the existing trees from the proposed development plan. However, looking at the site it may be possible to save the majority of the trees on the lot. The Spruce trees on the eastern side of the lot, somewhat in the center, are trimmed up considerably could accommodate a building relatively close. However, it is still important to NOT excavate within the dripline of the trees. It appears as though one of the trees has already been damaged, possibly by the demolition of the former building. From the proposed development drawing it looks as though one of the pines and a few aspens in the back of the lot may be lost to parking. A tree permit will be necessary for any trees proposed for removal prior to issuance of a building permit. The code requires mitigation on all trees proposed for removal, which can either be replaced on site with comparably valued trees or a payment - in -lieu option is available. On the existing conditions site plan it shows a 27" stump in the right -of -way which could be removed during excavation of the lot and a cottonwood replaced in the same location and could count towards some mitigation if trees need to be replaced on site. CC: Ross Soderstrom, Engineering Department Neisser doe MEMORANDUM To: Suzanne Wolff, City Planner Via: Nick Adeh, City Engineer From: Ross C. Soderstrom, Project Engineer CC Date: March 28, 1996 Re: Neisser Conditional Use Review for an ADU (425 West. Francis Street; Lots C, D & E, Block 35, Original Aspen Townsite, CO) After reviewing the above referenced application and making a site visit I have the following comments: 1. Driveway & Parking: The width of the proposed parking area off of the alley exceeds the maximum 18 ft. driveway width dimension. The applicant will need to reduce the width of the driveway to a maximum 18 ft. which will also limit the width of the parking area to two (2) parking spaces on the driveway in front of the garage. The parking configuration must be shown on the final improvement plans. 2. Trash & Utility Areas: The submitted site plan does not indicate locations for these facilities although water and electric utility meters and service connection points must be accessible to service personnel in the completed project and not obstructed by garbage or recycling containers or other structures. 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 alley within the public right -of -way. Any required easements for utilities shall be shown on the final improvement plans and the easements shall be recorded prior to issuance of the building permit. 3. Site Drainage: The new development shall not release more than historic 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. The previous grading would have caused some drainage to leave the site to the adjacent public rights -of -way. A copy of the soils report must be submitted with the building permit application. The drainage pattern shall be shown on the final improvement plans submitted for the building permit. DRCi\f0496. DOC Memo- Neisser Conditional Use Review..,,,,,,n ADU _.. 4. Sidewalk Area: The property owner will be required to file an agreement to construct curb, gutter and sidewalks along the Francis Street frontage in the future although none is planned at this time. A five ft. (5 ft.) sidewalk "area" should remain unobstructed by improvements including fences, landscape boulders, vegetation; e.g. any new trees must be located to provide space for and alignment of the future sidewalk with the neighboring sidewalk routes to either side. The pedestrian usable space shall be shown on the final development plan. The curb, gutter and sidewalk agreement shall be executed and recorded prior to issuance of the C.O. for the project. 5. Encroachments: If the front fence (Francis Street frontage) remains, it will need to be repositioned within the property boundaries by moving it to the south or an encroachment permit will need to be completed ($320.00) for the fence in its present location. 6. Water Service: If a building permit for the proposed new construction for the site is not issued within six (6) months of this application approval, the existing water service line will need to be abandoned and removed from the property back to the corporation connection of the municipal water distribution system per Water Dept. requirements. An entirely new water service line would then be required when the new construction is begun. The existing water service line may be used if a building permit is issued for the site within the next six (6) months assuming that the line is in good repair and serviceable as determined by the City Water Dept. at the time of the building permit application. 7. Improvement Districts: The property owner shall 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 shall be executed and recorded prior to issuance of the building permit for the project. 8. As- Builts: 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. 9. Improvement Survey: The submitted survey needs to have the following items corrected or shown prior to issuance of the building permit: A. Complete an improvement survey plat per standards of 38 -51 C.R.S. The improvement survey plat must be properly titled as such; signed in the Surveyor's certificate which evidences supervision of the survey and compliance with title 38, article 51, CRS. 1973; and stamped by a surveyor currently licensed in Colorado. The plat shall include the title insurance certificate number, date of issuance and name of the issuing title company. The title insurance certificate must have been issued within one (1) prior to the date of the improvement survey plat. 2 DRCM0496.DOC _ Memo - Neisser Conditional Use Review l' ADU B. Clearly and completely identify the type of survey monuments found and set by type and recorded identifier, (i.e. "PLS # # # # #" or "LS # # # # # ") along with defining distances and bearings. Include both record and field measured bearings and distances of the property lines. C. Clearly identify the types of utility boxes with arrowed notes or distinctive symbols. D. Use basis of bearings between two (2) City monuments within same city block, two (2) recorded subdivision monuments, or other recorded monuments, with distance & bearing to property boundary. 3 DRCM0496.DOC - I ID USE APPLICATION Fl)Idi EXHIBIT A 1) Project Name /1/4469. des //N 2) Project location 1 t ' • fM r 4 ,. ae»t/17?-5 6c7 c, n Et 6 , .3Gb�t �5 c //z' 4 1-07440-1-177C e'tgpe"- (indicate street address, lot & block nutter, 1ega1 descr ptia t whex+e appropriate) p 3) Present Zoning l� �� 4) Int Size % AA / A Cif 5) Applicant's Name, Address & Phone # j /77, // g E �L. , fir' . te-tn /Z#a d76 /i 6) peprestmtative's Name, Address & Phan # 4 /i� firenvo 'D r ntI3 2/0 t Jmm?r' *i'tS Zo2 /-5r cto r 925- C76 t 7) Type of Application (please theck.all that apply) : 4 _ Conditional Use _ Conceptual SPA _ Conceptual Historic Dev. Special Peviea _ Final SPA _ Final Historic Dev. • _ 8040 Greenline _ azceptual PUD _ Minor Historic Dev. Steam Margin _ Final PUD _ Historic Demolition _ Maintain View Plane _ Sutxiivisi _ Hoc DesignatiOn Carkminiiani eat rn __ Text/Map Amendment _— CZEP Allotment _ lot Split/lot Lane _ C2' QS Exemption Adjustment 8) Descriptiat of Existing Hues (ember and type of existing structures; approximate sq. ft.; amber of be moms: any previous apprcvals granted to the prolerty) - E104r /N 4 e, . S?i ' ) S'»' €z `. 'c � ieini Mc/an 9) Description of Development Applicaticn 41`24 /Gtr /ew S rnz 7-fra 40'°'T /ems p � ,4r—' , /SBZt/ "4 LL.vI •/7z'G/ 10) Have you attached the following? �» to Attad�lt 2, Minim iu Su missien Contents • gespr a to t° 3, ecific Sy}� inn ctestt., I E3, I pane to Attadmtart 4, Pe Standards far C Yai Ap plication . / 9j �a�( -art - acs March 12, 1996 Aspen/ Pllldn County Community Development Deparbnent DAVID 130 South Galena Street GIBSON. Aspen, Colorado 81611 AIA Re: Reimer Residence T Conditional Use (A.D.U.) RENO. AUGUS GUS 425 W. Francis AIA Aspen, Colorado We are pleased to submit the enclosed application tor the Conditional Use of Accessory Dwelling Unit (ADU) in the residence located at 425 W. Francis In Aspen, Colorado. SCOTT The following addresses Attachment 4, Items A- F of the Review SMITH. Standards for the development of a Conditional Use. AIA A. The current zoning of the property Is R-8 which allows Accessory Dwelling Units as a Conditional Use within this zone district The Aspen Area Comprehensive Plan • \ • • / encourages residences to provide an ADU within a single �� �' � �i family residence to help supply housing within the Aspen Ares �4ryI�iIIIIIPh Illii �• B. The Conditional Use Is consistent and compatible with the �' \1� character of the immediate vicinity of the West End parcel. �- V The surrounding area consists of single family residences GIBBON •RENO and several existing ADU's. • A R C H I T E C T S • C. The 393 Square Foot Studio ADU will be located on the Upper Level I I I of the Single Family residence and Is provided with a separate exterior Entry. The Entry Is located off the existing Alley adjacent to Inc Garage. There is provision for 3 Parking Spaces in addition to the single Garage. The ADU will have no adverse effects 210 E. HYMAN on the surrounding properties. D. The Accessory Dwelling Unit Is located In a single family residence N° 202 within the city limits of Aspen, and has access to all public facilities and services ASPEN COLORADO E. As a requirement of Ordinance e7, replacement housing program, 81611 for a new single family home within the R4 zone district the applicant must provide an Accessory Dwelling Unit or pay a tee in lieu. This ADU unit fulfills this requirement 303.925.5968 F. This Conditioned Use of the Accessory Dwelling Unit complies with all standards by the Aspen Area Comprehensive Plan and FACSIMILE FACSIMILE the requirements of Ordinance 81. Thank you for your time In reviewing our request for an Accessory Dwelling Unit and should you have any further questions regarding this application, please feel free to contact me. P.O. BOX 278 117 N. WILLOW Sincerely, N° 2 TELLURIDE COLORADO 81435 August G. Reno 303.728.6607 FACSIMILE 303.728.6658 March 12, 1996 DAVID Aspen/ Pitkin County Community Development Department GIBSON. 130 South Galena Street AIA Aspen, Colorado 81611 AUGUST RENO. AIA This application is for a Conditional Use of an Accessory Dwelling Unit. The development is located at 425 W. Francis. The legal description is Lots C, D & E, SCOTT Block 35, Aspen Townsite. SMITH. AIA Floor Area Ratio Proposed Allowable $111 .iN�pl'lii° .� /n First Floor 2175 SF RENO Second Floor 856 SF ARC GIBBON N R T s ADU: 534- 250 SF = 284 SF I I I 3315 SF 210 E. HYMAN Garage 318 SF N° 202 -250 SF 9000 SF R-6 Duplex Lot = ASPEN COLORADO S FAR x68= 34 SF 40808E 81611 '������• 303.925.5968 3349 SF /^Y°° ' FACSIMILE C � �!' / 303.925.5993 1 "t P.O. BOX 278 117 N. WILLOW N° 2 • TELLURIDE COLORADO 81435 303.728.660 FACSIMILE 303.728.6658 — -....... _ , , ...---........, .,_ --.....-....,.... r \ .. " . 7 ., c \ \ Mtn .) Lau s 10f Of :r _ C el * le Oc / w itf■ %oil / ..- y i et 1.. )-- . x.. ' C / • , 4.j \ .4.4,. ,c p L4) C: 4 " • 44.., , g ' I 3 • . !.....,...,., --3 si, e 4 v cr .4 4.,e Z .., 5 e' 4- S4 4 c k. . ./ ... -- .4. ) t (4 ' .. \ (1 is .FPKI .: .0 0. ' • I . -" ' IJ N - roy • a rm. :Se:: vti Megfi ' 4. ,1,* ( i - /b - 4. ' I S av aldS •7 Vsr'S e' ‘. N , r.) 6 rt 4 (4, tbia7 • . ,.--•.v .2".‘ 1 0 .• s I I „al , s .....- . ,. i , ,.. 2 2 Mp 3 ., Pi - ii '4' . 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MRR 22 '96 04:29PM P.1 EXHIBIT B MEMORANDUM TO: Suzanne Wolff, Community Development Dept. FROM: Cindy Christensen, Housing Office DATE: March 22, 1996 RE: Neisser Conditional Use for ADU Parcel ID No. 2735-124-24-002 ISSUE: The applicant is requesting to build a studio ADU to be located in the upper level of a single - family residence, BACKGROUND: The size of the accessory unit falls within the guidelines of the Code: Accessory dwelling units shall contain not less than three hundred (300) square feet of allowable flaor 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 shag have the right to place a qualified employee or employees of his or her choosing In the accessory dwelling unit. The applicant states that the unit is to have a private entrance which will be located off the existing alley, adjacent to the garage. The kitchen must also be built to the following specifications: Kitchen - Far Accessory Dwelling Units and Caretaker Dwer'vrg Units, a minimum of a two- burner stove with oven, standard sink and a 6-cubic foot refrigerator plus freezer. RECOMMENDATION: Staff recommends approval as long as the following conditions are met: 1. the kitchen is as stated above; and 2. an accessory dwelling unit deed restriction needs to be recorded before building permit approval; this form is provided by the Housing Office. MenalMelsser adu RCU BY :1312} 280 -1748 i 3-12 -96 ; 5 :40PM 0 312 644 3750-)4 - SEASONS HOTEL /CHGOiif 1 MAR 12 '96 11:48AN GZF:� ,,. & RENO w P.2 March 11, 1996 Judith Neisser 114 E. Meeker Aspen, CO. 81611 970 925 -7213 Aspen/Plden Community Development Department 130 South Galena Street Aspen, CO. 81611 Please accept this letter as authorization for the firm of Gibson and Reno Architects, L.L.C., located at 210 E. Hyman, Suite 202. Aspen, Colorado 81611(970) 925 -5968 to submit and process the Application for a Conditional Uae of an Accessory Dwelling Unit (A.D.U.) on my behalf. Sincerely, Judith Neisser 03/12/96 11:54 TX /RX N0_n2Fa a nn9 a. Mar. :3. :996 3:50PM FIT IN COUNTY TITLE , a Na. 2226 F. 2/4 CERTIFICATE OF OWNERSHIP Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the State of Colorado hereby certifies that JUDITH E. NEISSER REVOCABLE TRUST is the owner in fee simple of the following described property: LOTS C, D AND E, BLOCK 35, CITY AND TOWNSITE Of ASPEN COUNTY OF PITKIN, STATE OF COLORADO. Subject to encumbrances, easements and rights of way of record. This certificate is not to be construed to be a guarantee of title and is furnished for informational purposes only, PIT. N CO 1 T 'LE, INC. BY: Ala ►,A authorNj ignature CERTIFIED TO:''' ='UARY 25, 1996 0 8:30 A.M. 03/13/96 16:44 TX /RX NO.0303 P.002 II __— 'Mar. 13. 1996 3:50FM FIT"'Jll COUNTY TITLE Na, 2226 F. 3/4 WARRANTY DEED c s /O. GPI Tare nm10, made this 01 day of BBPTSFmfR 1999, between Ann S_ Bowers Separate Property Moat m OF TUB COUNTY Or 3a •rie L32a. e, taws OF ca p U q GRARTOR, B Judith X. Weisser Revocable Truest, ^ ORARra ` I n a whoa, legal address is ; a. W , 120 a_ Del *3112. Chicago, IL, 60611 - 22f, e,. a .w COMITY OF , STATE OF IL o Wrrf That for and in Cenaideration of the sum of ten dollars and other good and valuable consideration, the receipt and sufficiency of E which le hereby acknowledged, the granter bag granted, bargained, sold and V m,� conveyed, and by these present• dose grant, bargain, sell and convey and [�.�'^-" 41 Er confirms unto the grantee. bin heirs. and assigns forever, all the real iii together with improvements, if any, situate and lying and being in Cis: the City of Aspen, County of Pitkin, state of COLORADO, deacribed m es follows: W i " n LOTS C, DAM) B. 00 a as BLOCK 35, Cr a m y CITY AND TOM/SITE OF ASPElf Cr N w U S. 6 ( LA 3 0 TOCIETZER with all and singular the herediCaments and appurtenances Q m U thereto belonging, or in anywise appertaining, and the reversion and th c N reversions, remainders, rents, issues and profits thereof, and all the et X estate, right, title, interest, claim and demand whatsoever e* the grantor 1C3 N r wither in low Or equity, or, in and to the above bargained premises, with m ,_l, the harediCamants and appurtenances. Q G TO RAVE Alm TO BOLD the said premises above bargained and described, with the appurtenancaa, unto the grantee, kits Beira and assigns forever_ I� r.J And the grantor, for himself, his heirs, and personal representatives, doge AP LP m eewanant, grant, bargain, and agree to and with the Create., his bairn and CC - assigns, that at the time Or the ensaaling delivery of the presents. he is a well seined of the promisees above conveyed, has good, sure, perfect, C absolute and indefeasible estate of inheritance, la law, in 4ee simple, In u7 ¢ and has good right, full power and lawful authority to grant, bargain, 111178 ' eell and Canvey the same in manner and form as aforesaid, and that the m same are free and clear from all termer and other grants, bargains, sales, M fn liens, taxes, assaeaesnt., encumbrancer and restrictions of whatever kind or nature eoever, except those matters as set forth on Exhibit ^S^ attached hereto and incorporated herein by referents. The grantor *hall and will WABaairt AND rD7Dvn Devn. the above bargained premise. in ebe ghiec and peaceable poaseseian of the grantee, his heira and assigns, against all and every person or persons lawfully claiming the whale or any part thereof. The singular number •ball include the plural, the plural the singular, and the use of gender shall be applicable to all genders. /7 9 // /��e X LL:' ,! - a 4L IKf.�t' �.•G,:; a P' .7,40'46C4r'.•- -cr Ann S. Bowers Separate Property Trust PSM I I? ! 1 srATR or K,�i a. COUNTY of 5 Qefp.,) es. r�¢ 33% The foregoing instrument war acknowledged before me this Z` ` day of 0443 , •lw 1/95 , by Ann S. Bowers severer• Property Trust by Ann S. Sewers, Trustee j . a tKT71mes my hand and Official Beni Y. jyp y commission � my expires: set is Wed 39S030 Transfer Declaration Received 09/01/95 03/13/96 16:44 TX /RX N0.0303 P.003 El lufar, 13. ''995 3:51PM PI? "'N COUNTY TITLE No, 2226 F. 4/4 EXHIBIT "A" 1, Taxes for the year 1995 not yet due or payable. 2. Reservations and exceptions as set forth in the Deed from the City of Aspen recorded in Book 59 at Page 16 & 157 providing as follows: "That no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws ". 3. Terms, conditions, provisions and obligations as set forth in Fence Agreement recorded April 23, 1986 in Book 509 at Page 558. 4_ Encroachments and all matters as disclosed by Survey of Alpine Surveys, Inc. dated August 7, 1995 as Job No. 95 -47, 395030 B -792 P -495 09/01/95 O1:2OP PG 2 OF 2 03/13/96 16:44 TX /RX NO.0303 P.004 11 PUBLIC NOTICE RE: NEISSER CONDITIONAL USE FOR ADU NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, April 2, 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 Judith Neisser, requesting approval of a Conditional Use Review for an Accessory Dwelling Unit within the existing single - family residence. The property is located at 425 W. Francis, and is described as Lots C, D & E, Block 35. For further information, contact Suzanne Wolff at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920 -5093. s/Sara Garton. Chair Aspen Planning and Zoning Commission City of Aspen Account ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920 -5090 FAX (970) 920 -5439 MEMORANDUM TO: City Engineer Housing Director Parks FROM: Suzanne Wolff, Planner RE: Neisser Conditional Use for ADU Parcel ID No. 2735- 124 -24 -002 DATE: March 20, 1996 Attached for your review and comments is an application submitted by Judith Neisser. Please return your comments to me no later than March 26, 1996. Thank you. ASPEN/PITHIN COMMUNITY DEVELOPMENT DEPARTMENT 130 S. Galena Street Aspen, Colorado 81611 (970) 920 -5090 FAX# (970) 920 -5439 March 20, 1996 Re: Neisser Conditional Use for Accessory Dwelling Unit Case A20 -96 Dear Mr. Reno: The Community Development Department has completed its preliminary review of the captioned application. We have determined that this application is complete. We have scheduled this application for review by the Aspen Planning and Zoning Commission at a Public Hearing to be held on Tuesday, April 2, 1996, at a meeting to begin at 4:30 p.m. Should this date be inconvenient for you please contact me within 3 working days of the date of this letter. After that the agenda date will be considered final and changes to the schedule or tabling of the application will only be allowed for unavoidable technical problems. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to the application is available at the Community Development Department. Please note that it is your responsibility to mail notice to property owners within 300' and to post the subject property with a sign at least ten (10) days prior to the public hearing. Please submit a photograph of the posted sign as proof of posting and an affidavit as proof of mailing prior to the public hearing. If you have any questions, please call the planner assigned to your case, Suzanne Wolff, at 920- 5093. Sincerely, Rhonda Harris Administrative Assistant apz.ph