HomeMy WebLinkAboutLand Use Case.CU.425 W Francis St.A20-96Neisser ADU - W. 42C Francis
2735-124-24-002 A20-96
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CASWAD SUMMARY SHEET - CITY ONSPEN
DATE RECEIVED: 3/14/96 CASE # A20-96
DATE COMPLETE: STAFF: Suzanne Wolf!
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
❑ City Attorney
City Engineer
❑ Zoning
JK Housing
❑ Environmental Health
J$J Parks
DATE REFERRED:
❑ Aspen Fire Marshal
❑ City Water
❑ City Electric
❑ Clean Air Board
❑ Open Space Board
❑ Other:
INITIALS: &
APPROVAL: Ordinance/Resolution #
Staff Approval
Plat Recorded:
CLOSED/FII.ED DATE: INITIALS:
ROUTE TO:
❑ CDOT
❑ ACSD
❑ Holy Cross Electric
❑ Rocky Mtn Natural Gas
❑ Aspen School District
❑ Other: i1
DATE DUE: ,3 2 (c ( / W P)!
Date:
Date:
Book -,Page
J
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. 96-1
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:
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;
A k
3.
4.
5.
6.
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.
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.
Prior to issuance of a Certificate of Occupancy, the Planning Office shall inspect the unit to
ensure compliance with the conditions of approval.
All new surface utility needs and pedestals must be installed on -site.
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:
0"JA �A"c
Amy Schyiid, Deputy City Clerk
Planning and Zoning Commission:
_ U►" V
Sara Garton, Chair
• 0
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 conditional 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.
0
0
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
•
n
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 RECONUMENDATION: 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
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.
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
9
[uua.ra.0 �
LAM USE APPlsCAT1CK FOW EXHIBIT A
1) Project Name
2) Project location �• G/ �S N.. �6�/�i� o
Ca7S c. � sf C .gG6GC �� G/�j .9�n ��;z�z�'�v yt�6 vl •4-Sj���i
(indicate street, lot & block r&=ber, legal description where
appropriate)
3) Present Zoni_M 4) lot Size
5) Applicant's Name, Address & Phone # ,�o�� Al"4�
e.,r-4 iooyx 8/E
6) Representative's Name, Address & Phone #
7) 7ype or Application (please check -all that apply):
Conditional Use
Spec Review
8040 Online
Mountain View Plane
Conceptual SPA
Final SPA
Octymptual PUD
Final PUD
►+ LiP�• : ��_�.�� is
-01� IV -/ors
Minor historic Dev.
- 6-n• - - stae
Historic Designat:crn
MEW
Iot Split,/Lot Line GKS motion
Adjus�t
8) option of Existing Lases (number and type of existing stnictures;
approximte sq. ft. ; number of bathrooms; any previous approvals granted to the
PAY) -
9) Description on of Develcpnrt Application
10) Have you attached the followirrp?
Response to Attacdzsmt 2, Minimum Submission Cbritents
Response to Attac3mmt 3, Specific Submission Cmtents
Respartse to AttadmenL 4, laeview Standards for Your Application
5-
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0 •
March 12, 1996
Aspen/ Pitkin County Community Development Department
DAVI D
130 South Galena Street
GIBSON,
Aspen, Colorado 81611
AIA
Re: Neisser Residence
AUGUST
Conditional Use (A.D.U.)
425 W. Francis
RENO,
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 R-6 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
family residence to help supply housing within the Aspen Area.
B. The Conditional Use is consistent and compatible with the
character of the immediate vicinity of the West End parcel.
The surrounding area consists of single family residences
and several existing ADU's.
G I BSON - RENO
C. The 393 Square Foot, Studio ADU will be located on the Upper Level
A R C H I T E C T S
III
of the Single Family residence and Is provided with a separate
exterior Entry. The Entry is located off the existing Alley
adjacent to the 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
NO 202
within the city limits of Aspen, and has access to all public facilities
and services.
ASPEN
E. As a requirement of Ordinance #1, replacement housing program,
COLORADO
for a new single family home within the R-6 zone district
81611
the applicant must provide an Accessory Dwelling Unit or pay a fee
in lieu. This ADU unit fulfills this requirement.
303.925.5968
F. This Conditional Use of the Accessory Dwelling Unit complies with
all standards by the Aspen Area Comprehensive Plan and
FACSIMILE
the requirements of Ordinance #1.
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
Sincerely,
117 N. WILLOW
N° 2
TELLURIDE
COLORADO
81435
August G. Reno
303.728.6607
FACSIMILE
303.728.6658
•
March 12, 1996
Aspen/ Pitkin County Community Development Department
130 South Galena Street
Aspen, Colorado 81611
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.
Floor Area Ratio
Proposed
First Floor 2175 SF
Second Floor 856 SF
ADU: 534- 250 SF = 284 SF
3315 SF
Garage 318 SF
-250 SF
.5FAR x68= 34SF
3349 SF
DAV I D
GIBSON.
AIA
AUGUST
RENO.
AIA
SCOTT
SMITH.
AIA
Allowable
- W_
G IBSON • RENO
k �_ H I J E C T S
III
9000 SF R-6 Duplex Lot =
4080 SF
4080 SF I
210 E. HYMAN
N° 202
ASPEN
COLORADO
81611
303.925.5968
FACSIMILE
303.925.5993
P.O. BOX 278
117 N. WILLOW
N°2
TELLURIDE
CO LO RADO
81435
303.728.6607
FACSIMILE
303.728.6658
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(FIELD: N 75 I5'00' W 89.73')
x99.8<r ALLEY) x99.4(f ALLEY)
ALLEY . BLOCK . 35
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lE DATA
REOUIRED .ALLOWED
PROPOSED
F.A P,
4,080 SF
3349 SF
SITE COVERAGE N0
2.700 SF
2,538-78 SF
PARKING
2 SPACES
2 SPACES
98 7
0
98.5(� ALLEY)
-0
PRE -ISSUED FOR PRICING RENEW t 19/96
ISSUED FOR PREUNINARY PER11 S/IS/96
Tigerman
McCurry
ARCHITECTS
444 NORTH WELLS
CHICAGO. ILLINOIS 80610
312.644.5880
NEISSER RESIDENCE
ASPEN, COLORADO
FIRST FLOOR PLAN
SHEET A3
P-_61UEO FOR PRICING REVIEW 1/19/96
SSUED FOR PRELIMINARY PERMIT 3/13/96
Tigerman
McCurry
ARCHPPECfS
444 NORTH WELLS
CHICAGO, MUNOIS 60610
312.644.5880
NEISSER RESIDENCE
ASPEN, COLORADO
SECOND FLOOR PLAN
SHEET A4
lqw
NORTH (FRONT) ELEVATION
` A5 1/8"
;
;
:
PRE-6SOED FOR PRICING RENEW 1 19/96
ISSDE) FOR PRE -UNARY %IT
Tigerman
McCurry
ARCH1TECfS
444 NORTH WEU,9
CHICAGO, IUINOIS 60610
31 Z 644.5880
NEISSER RESIDENCE
ASPEN, W-01RADC
ELEVATIONS
SHEET A5
a
PRE -ISSUED FOR PRICING REVIEW 1 19 96
ISSUED FOR PREEMNARY PERMIT 3 13/%
Tigerman
McCurry
ARCHPPECTS
444 NORTH WELLS
CHICAGO. ILLINOIS 60610
312.64-4.5880
NEISSER RESIDENCE
ASPEN, COLORADO
ELEVATIONS
SHEET A6 J
a
MR 22 '96 04:29PM •
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. 2736-124424-002
EXHIBIT B
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
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
resideice shall have the right to place a qualified employee or employees of his or her call 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 Accessory Dwelling Units and Caretaker Dwelling Units, a minimum of a two -burner
stove with oven, standard sink, and a 6-cubic fact refrigerator plus freezer.
R COMMENDATION: 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.
Vetrrallneiswr adu
MEMORANDUM O'v
TO: Planning and Zoning Commission
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 studio ADU is located on the upper level of the residence
and contains approximately 393 squaree= The application packet is attached as Exhibit A. Staff
recommends approval of the conditional use for an accessory dwelling unit with conditions.
d1" lx
APPLICANT: Judith Neisser, represented b Stteve 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 ri moval/relocation permit. All remaining trees must be protected during construction with no
encroachment of the driplines during excavation.
ca.15 " UUU
aK C 5 („ rah c crw
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,
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:
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
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
�h-C.c.. �19 �,(,�,�.✓►� ��,t„���/}' act
VRA (Volk 11/�"r aj "141'e- zfftic
4
•
MEMORANDUM
TO: Suzanne Wolff, Community Development
FROM: Rebecca Baker, Parks Department Mom
DATE: March 29, 1996 1
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.doc
•
MEMORANDUM
To: Suzanne Wolff, City Planner
Via: Nick Adeh, City Engineer
From: Ross C. Soderstrom, Project Engineer
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.
DRCM0496.D0C
J
Memo- Neisser Conditional Use Revie* ADU is
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.
K
DRCM0496.DOC
t
Memo- Neisser Conditional Use Review OADU
C]
B. Clearly and completely identify the type of survey monuments found and set by type and
recorded identifier, (i.e. "PLS #####" or "LS #0 ") 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
1)
UsE APPLICATICK F304
Project Name ��'
EXHIBIT A
2)
Project locaticn �� �• G� ��/ " " �/�%a-O
t:2 so
(indicate street address, lot & block rxmber, legal descripticn ubiere
appropriate)
3)
ant Zu1ng �p
4) lot Size
5)
Applicant's Name, Address
& Phone f .tef 1 rjY
9j s 3
6)
s / &z� rs
Represative , s Name, Address & Pho7e # /��/� ! a �
�iG �- �' �,.rE Iz'
7)
Type of APplicatirn (please check -all that aPPly):
omditicnal Use
ccnoeptual SPA dial Historic Dev.
Special Review
Final SPA Final Historic Dev.
8040 Greenline
cox)% l PUD Minor Historic Dev.
Stream Margin
Final PUD Historic Dcm]-iticn
Mountain View Plane
Subdivision Historic Designat:icn
cordominiuni zati rn
TexVMap Amendment C>QS Allotment
Tot Split,/Ivt Line
GMS Em "t" ion
Adj ustmeilt
8)
Description of idsting
approximate sq. ft. ; number
Uses (ember and type of existing stz y-tu ;
of bedrooms; any Previous approvals granted to the
PY)-
T/'V 65 4 Sly /5 �f S//�'�G� f'.�"!3iL ej
9) Description of Development Application
/emu /fV4
10) have you attached the follawing?
� to Attachment 2, Minimum Submission its
i lie to Attu 3, Sufic Submission COrlt -?!Its
Response to Attachment 4, Review "liar � ds for Your Application .
�7a�-`l�
Klarch 12,1996
Aspen/ Pitkin County Community Development Department
DAV I D
130 South Galena Street
GI BSON.
Aspen, Colorado 81611
AIA
Re: Neisser Residence
AUGUST
Conditional Use (A.D.U.)
REND.
425 W. Francis
AIA
Aspen, Colorado
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 deveiopment of a Conditional Use.
AIA
A. The current zoning of the property is R-6 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
family residence to help supply housing within the Aspen Area.
,
B. The Conditional Use is consistent and compatible with the
character of the immediate vicinity of the West End parcel.
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
of the Single Family residence and Is provided with a separate
exterior Entry. The Entry is located off the existing Alley
adjacent to the 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
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 R-6 zone district
the applicant must provide an Accessory Dwelling Unit or pay a fee
in lieu. This ADU unit fulfills this requirement
303.925.5968
F. This Conditional Use of the Accessory Dwelling Unit complies with
all standards by the Aspen Area Comprehensive Plan and
FACSIMILE
the requirements of Ordinance #1.
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,
N° 2
TELLURIDE
COLORADO
81435
August G. Reno
303.728.6607
FACSIMILE
303.728.6658
•
I�
March 12, 1996
Aspen/ Pitkin County Community Development Department
130 South Galena Street
Aspen, Colorado 81611
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.
Floor Area Ratio
Proposed
First Floor 2175 SF
Second Floor 856 SF
ADU: 534- 250 SF = 284 SF
3315 SF
Garage 318 SF
-250 SF
.5 FAR x 68 = 34 SF
3349 SF
Allowable
9000 SF R-6 Duplex Lot =
4080 SF
4080 SF
`� "A"
. /
DAV I D
GIBSON.
AIA
AUGUST
KENO.
AIA
SCOTT
SMITH,
AIA
G IBSON • RENO
n�II I T E C T S
III
210 E. HYMAN
NO 202
ASPEN
COLORADO
81611
303.925.5%8
FACSIMILE
303.925.5993
P.O. BOX 278
117 N. WILLOW
NO 2
TELLURIDE
COLORADO
81435
303.728.6607
FACSIMILE
303.728.6658
.
1
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VICINITY MAP
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To T•.vrn Lai eS '
•
•
MAR 221 '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
Parcal ID No. 2736-12444-002
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
9cor 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 reMal penods of not ess than six (6) months in duration. owners of the prncdall
residence shall have the right to dace a qualified employee or employees of his or her chewing 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
specifcations:
Kitchen - For P.ccessery Dwelling Units and Caretaker Dweling Units, a minimum of a two -burner
stove with oven, standard sink, and a 6-cubic fact refrigerator plus freezer.
RE -COMMENDATION: 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 Cffice.
VeferralVieisser aou
-?CV BY:{312i 280-1748 3-12-96 ; 5:40PM
f EAR iZ i i - 4 "t Gi� " PENO
312 644 3750-44-SEASONS H0TiL/CH00;# 1
• P.2
.%Wch 11, :996
Judith Neisser
114 E. $leek=
Aspen, CO. 81611
970 925-7213
ASpen/Pididn Cornmuniry 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) 925-5969 to
submit and proces4 the Application for a Conditional Use of an Accessory I7we11ing Uni
rr
(A.D.U.) on my behalf.
Sincerely,
Judith Neisscr
03/12/96 11:54 :'X/RX NO.0264 F.002 0
Mar, 13. 1995 3 : 5QPM P I#iN COUNTY TITLE is
No. 2226 F. 2114
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 COUNT TIArLE, INC.
BY:
author�OuiUARY
gnature
CERTIFIED T: 25, 1996 0 8:30 A.M.
03/13/96 16:44 TX/RX N0.0303 P.002
Mar, 13. 1995 3:5QPM PIJW COUNTY T'TIE • No, 2226 P. 3%4
WARRANTY DEED
.9 THxa ON=, made this 01 day of 3BP=M8ER
1995, between Arm S- Bowers Separate Property Trust
PSOI
pia 11-V
►OSd
O OF TFIB COUNTY OPc2 E.1Qa�z, STATE OF cA
U ,
p'S Judith fi_ Neiaaer ROvocable Trust,
QRAATrSE
m
9
La -+
whose legal address is
120 La_ Delaware r13112, Chicago, IL, 60611
COUNTY OF STATE OF IL
►zTRZSSE'rs, That for and in oona>.deration of the sum of ten dollars
and other good and valuable consideration, the receipt and sufficiency of
which ig hereby acknowledged, the grantor has granted, bargained, sold sad
conveyed, ane by these presents dose grant, bargain, Selz and C,,,vQy, and
COn£irm unto the grantee, big heir& and aaff_tgne tor,ever, all the real
pro8crty tggether with improvements, if any, situate &sad lying and beamg In
the City of Aspen, Co=ty of Pitkln, state of COLORjU:pp, described
LOTS C, D AND A,
BLOCK 35,
CITY A= TOWNSITF OF ASPEN
TOGwr !M with all and singular the hozeditaments and appurtenancea
thereto belonging, or in dmyw;se appertMInii49, and the revermion And
rever$icns, remainders, rents, issues anti 'Profits thnr�of, sad all the
eatat6, right, title, intdrest, claim and demand whatsoever of the grantor
either in law Or equity, at, in and to the above bargained premises, with
the hereditamenta and appurtene-aces.
TO HAVE AND TO HOLD the Baia praaiiaes abptre bargained Arid described,
with the appurtenances, Unto the grantoe, hi9 beix6 and assigns forever_
And the Grantor, for himself, hie heirs, and personal repreaentativan. doge
c—euant, grant, bargain, and agree to and With the Grantee his
assigns, that at th-e time of the en&palirig delivery of the r hairs sus
preaente, ]� is
well sCi;6d 4f the Premx0es Above Conveyed, has good, acre, perfect,
absolute and indefeasible estate of inheritance, in law, in fee sitrtple,
and has good right, full 8ow+tr and lawful authority to grant, bargain,
sell and convey the name in manner and form as aforesaid, and that the
same are frcc and clear from all EOreeer and other grants, barga1=0, sales,
liens, taxes, assesaafeuts, enCumbranc®e and restrict.ioua of Whatever kind
or "azure s8aver, except those matter, as net forth on Exhibit ,A" attached
hereto and inCO;porated herein by reference.
The grantor 9jja11 and w311 "ARRANT AWI FORRVNR DSFEM the above bargained
Premises in the quiet, and Peaceable poaeeasion of the, grantee, his heirs
and a9digns, against all and every person Or persono laWfully claiming the
whole or any part =hereof. T'he singular number shall i4clude the plural,
the plural the aiugular, and the use Of gender shall be applicable to all
genders.
., +�tr r- ,s£/�G;.4L �� «�+f•'�L-�(+s-'r +XJ/•-,G"�GLG L�,�.' f% /
AnA 9. HowarB Separate Property Trust
9TATR
COUNTY OF --p ntA u y e a .
The foregoing inGzzument was acknowledged before me this 25� day of A"►{5f
19 95 , by Ames S. Bowers SEParate Property Trust by Anri 8. Bowers, Trustee
WXT"a9 my hand and official seal
MY cOM laalon axplres: NOta ub],iC
3a!5030
Tt•crn55fe*- Dec],a"at i on ReCe i Ved 09/01/92;
03/13/96 16:44 TX/RX N0.0303 P.003
Mar, 13. !H5 3:51PM PIW COUNTY TITLE
• No. 2226 F, 4 %4
EXHIBIT "A"
1. Taxea 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 cinnabar or copper or to any valid miming claim or gold, silver,
under existing laws". Possession held
3. Terms, conditions, provisions and obligations as set forth in Fence
Agreement recorded April 23, 1986 in Book 509 at Page 55e.
4- Encroachments and all matters as disclosed by Survey of Alpine
surveys, Inc, dated, August 7, 1995 as Job No, 95-47.
385030 B-792 P-485 09/01/9- 01 -20R PG a OF c
03/13/96 16:44 TX/RX N0.0303 P.004
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.
0 ASPEN/PITKIN 0
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
•Aspen/Pitkin Community •
Development Department
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5090
,2 15,5- I zq-29-6c;z,
City Land Use Application Fees:
00113-63850-041
Deposit
-63855-042
Flat Fee
-63860-043
HPC
-63885-268
Public Right-o: Way
-63875-046
Zoning, & Sign Permit
- MR011
Use Tar
County Land Use Application Fees:
00113-63800-033
Deposit
-63805-034
Flat Fee
-63820-037
Zoning
-63825-038
Board of Adjustment
Referral Fees:
00113-63810-035
00115-63340-163
00123-63340-190
00125-63340-205
00113-63815-036
Sales:
00113-63830-039
-69000-145
County Engineer
City Engineer
Housing
Environmental Health
County Clerk
County Code
Copy Fees
Other
•� ��/,
Address:
I.: 4 i
'ho•
Total '2 C
Date: /y Check:_/,-'4,S
Project:
Case No:
No. of Copies
S