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HomeMy WebLinkAboutLand Use Case.CU.390 N Spring St.A74-9039 c r 5�,., 5- ��'L'C� Seymour Conditional Use Permit 2737-073-10-001 A74-90 CI UI Cz GOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 12/19/90 / rl�" �2 PARCEL ID AND CASE NO. DATE COMPLETE: J / l o ,� 237 - O 73 -C -U,1 A7 4 -9 0 STAFF MEMBER: KJ PROJECT NAME: Seymour Conditional Use PCr#t i/�UC /nA) Project Address: 390 N. Spring Street, Aspen, CO Legal Address: Lot #1, Volk Lot Split,Oklahoma Flats Subdiv. APPLICANT: Gene & Judie Seymour Applicant Address: 1465 Monaco Drive, Pacific Palisades CA90272 REPRESENTATIVE: Al Bever Design, Inc. Representative Address/Phone: 630 E. Hyman #28 Aspen, CO 925-8339 PAID: YES NO AMOUNT: NO. OF COPIES RECEIVED: 2 TYPE OF APPLICAT -O� P&Z Meeting Da! e CC Meeting Date STEP: 2 STEP: _ PUBLIC HEARING: 6:y:i�, NO VESTED RIGHTS: YES NO PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO Planning Director Approval: Paid: Insubstantial Amendment or Exemption: Date: REFERRALS: City Attorney City Engineer Housing Dir. Aspen Water City Electric Envir. Hlth. Aspen Con.S.D. DATE REFERRED: Mtn. Bell Parks Dept. Holy Cross _ Fire Marshal Building Inspector Roaring Fork 11,17gy Center 1�,l INITIALS: School District Rocky Mtn Nat Gas State Hwy Dept(GW) State Hwy Dept(GJ) Other FINAL ROUTING: DATE ROUTED: INITIAL: City Atty City Engineer Zoning Env. Health Housing Other - FILE STATUS AND LOCATION: ��'� RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE APPROVAL OF A CONDITIONAL USE FOR A DETACHED ACCESSORY DWELLING UNIT AT 390 N. SPRING (LOT 1 OF THE VOLK LOT SPLIT, OKLAHOMA FLATS) Resolution No. 91- 4 WHEREAS, Gene and Judie Seymour applied to the Planning Office for a Conditional Use approval for a 693 square foot detached accessory dwelling unit to be developed within an existing cottage at 390 N. Spring in compliance with requirements for Lot Split approval; and WHEREAS, during the Volk Lot Split hearing, the City Council urged the owner to retain the cottage if at all possible; and WHEREAS, Ordinance 60, Series 1990 allows for Planning Commission approval of Conditional Use for detached accessory dwelling units; and WHEREAS, the Aspen/Pitkin County Housing Authority, Engineering Department and the Planning Office reviewed the proposal and recommended approval of the Conditional Use request with conditions; and WHEREAS, the Planning Commission reviewed the request and referral comments, and approved the Conditional Use at a public hearing by a 5-0 vote on February 19, 1991. NOW, THEREFORE BE IT RESOLVED by the Commission that Conditional Use is approved for a detached accessory dwelling unit at 390 N. Spring with the following conditions: 1. Prior to issuance of any building permits for remodel of the accessory dwelling unit or the principal residence, the applicant shall provide a deed restriction to the Housing Authority for approval. The restriction shall state that the accessory unit meets the housing guidelines for such units, meets the definition of Resident Occupied Unit, and shall be rented for periods of six months or longer. Upon approval of the deed restriction by the Housing Authority, the applicant shall record the deed restriction with the Pitkin County Clerk and Recorders Office. 2. A copy of the recorded deed restrictions must be forwarded to the Planning Office. 3. Prior to issuance of any building permits for this unit or the principal residence, the plat shall be amended and filed with the County Clerk to reduce the utility/access easement and the Spring St. "reserve for dedication" so that the unit is not encroaching into these elements. 4. Prior to issuance of any building permit a trash service location shall be identified on the site plan and approved by the Engineering Department. APPROVED by the Commission at its regular meeting on February 19, 1991. Jan arney, Depu City Clerk jtkvj/seymour.reso Jasmine Tygre, Acti Chair MEMORANDUM TO: Planning and Zoning Commission FROM: Kim Johnson, Planner RE: Seymour Conditional Use Review for Detached Accessory Dwelling Unit DATE: February 13, 1991 SUMMARY: The Planning Office recommends approval of this conditional use for a detached accessory dwelling unit. APPLICANT: Gene and Judie Seymour, represented by Al Beyer LOCATION: 390 N. Spring (Lot 1, Volk Lot Split, Oklahoma Flats) The parcel size is 31,680 s.f. ZONING: R-30 APPLICANT'S REQUEST: The applicant seeks Conditional Use approval to utilize an existing miner's house as an accessory dwelling unit detached from a new primary residence. PROPOSAL: The proposal calls for remodeling an old miner's house located on the western part of the property and deed restricting it for resident occupancy. The structure contains one bedroom and is 693 square feet in area. Please see Attachment "A" for site plan, floor plan and elevation sketches. REFERRAL COMMENTS: The Housing Authority standard review comments are: prior to the issuance of any building permits, the unit must be deed restricted as a resident occupied unit with minimum lease periods of 6 months or longer. Upon approval of the deed restriction by the Housing Authority, the applicant shall record the restriction with the Pitkin County Clerk and Recorder's Office. Comments from the Engineering Office relate mostly to the easements and r.o.w. reserves located on this parcel: The applicant needs to apply for an insubstantial plat amendment to change the easement locations prior to issuance of a building permit to improve this building. Additionally, a trash are for this site must be designated and shown to Engineering prior to issuance of a building permit. (Attachment "B") STAFF COMMENTS: Ordinance 60, approved in October 1990, provides for Conditional Use review of accessory dwelling units detached from the primary residences. This parcel is located adjacent to 1 the Hamilton residence, which last month received Conditional Use approval for an accessory unit above the garage. This parcel was created by the Volk Lot Split in 1989. A condition of all lot splits is the requirement that any development on the lots must include an accessory dwelling unit. When the City Council approved the split, it was anticipated that the cottage would be removed, hence the easements and reserves were platted creating the encroachments. Council strongly urged that the cottage be retained if at all possible, and urged that creative means be explored to keep it on site. The Seymours, knowing of Council's feelings and also needing to provide an accessory dwelling unit, are seeking to improve and deed restrict the house. Review Standards for Accessory Dwelling Units (Detached) Section 5-508 of the Land Use Code (along with amendments from Ordinance 60) describes the required standards for accessory dwelling units. The size of the proposed unit (693 s.f.) fits within the 300-700 square foot range as the code requires. The unit must be deed restricted to resident occupancy with minimum leases of 6 months or longer. Parking is not required for studio or one -bedroom units. Review standards for detached units are found in Section 5-508 B: 1. The proposed development is compatible and subordinate in character with the primary residence located on the parcel and with development located within the neighborhood. Response: The proposed unit is an existing miner's cottage and will receive new exterior siding, windows and winterized utilities. The new residence will be clearly the principal structure on the property by virtue of size and design. 2. Where the proposed development varies from the dimensional requirements of the underlying zone district, the Planning and Zoning Commission shall find that such variation is more compatible in character with the primary residence than the development in accord with the dimensional requirements. Response: The existing cottage is encroaching into the R-30 side yard setback by approximately 2.5 feet. However, Ordinance 60 amends dimensional requirements for side setbacks to be a minimum of 3 feet. The structure is approximately 15 feet from the side property line. As long as the structure is not enlarged to further increase the non -conformity, this is a grandfathered situation. As discussed above, the plat must be changed to adjust the utility/access easement and Spring Street "reserve for dedication." Planning, Engineering,and the applicant have met to discuss this requirement and all feel comfortable with this process. 2 3. The Planning and Zoning Commission and the Historic Preservation Committee may exempt existing non -conforming structures, being converted to a detached accessory dwelling unit, from Section 5-508 B.2.(a-g) provided that the non- conformity is not increased. Response: As described above, the structure's non -conformity is not being increased. Review standards require a minimum of 3 feet for a side yard setback, with which this cottage complies. 4. Conditional Use Review shall be granted pursuant to Section 7-304 Standards applicable to all conditional uses. Response: See the following information. Conditional Use Review Standards: A. 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 neighborhood is comprised of single family homes on fairly large lots. As a condition of the lot split approval, this site must provide an accessory dwelling unit. By retaining this cottage, some historical context of the neighborhood is retained. B. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties; and Response: As the unit is an existing house, no further visual impacts will occur. A parking space already exists for this unit. A studio or one bedroom accessory dwelling unit does not carry a mandatory parking requirement. C. 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; and Response: All public services and utilities are provided for this parcel and the others in the vicinity. D. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; and Response: This is a unit provided to comply with the affordable housing requirement of the lot split process. Because this detached unit is 100% above grade, the parcel is eligible for a floor area bonus of 50% of the square footage of the unit (346 s.f.) as provided by Ordinance 60 (1990). 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: As a deed restricted unit, this will comply with requirements of the Aspen Area Comp. Plan and other requirements of the Land Use Code. STAFF RECOMMENDATION: The Planning Office recommends approval of the Conditional Use for a 693 s.f. accessory dwelling unit to be located in the existing miner's cottage with the following conditions: 1. Prior to issuance of any building permits for remodel of the accessory dwelling unit or the principal residence, the applicant shall provide a deed restriction to the Housing Authority for approval. The restriction shall state that the accessory unit meets the housing guidelines for such units, meets the definition of Resident Occupied Unit, and shall be rented for periods of six months or longer. Upon approval of the deed restriction by the Housing Authority, the applicant shall record the deed restriction with the Pitkin County Clerk and Recorders Office. 2. A copy of the recorded deed restrictions must be forwarded to the Planning Office. 3. Prior to issuance of any building permits for this unit or the principal residence, the plat shall be amended and filed with the County Clerk.to reduce the utility/access easement and the Spring St. "reserve for dedication" so that the unit is not encroaching into these elements. ,+. Prior to issuance of any building permit a trash service location shall be identified on the site plan and approved by the Engineering Department. Attachment: "A" - Site plan and elevation sketch 4 I fwrX FP" � T GrF&V W4UFr 1 I i - VOLK LOT SPLIT- L07 +1 E ATTACHMENT ,3 Specific Submission Contents: Development Application for Conditional Use The Development Application for .,a_cond' =ional use shall include the following. A- A sketch plan of the site showing existing and proposed; ✓ � � �� features which are relevant. to the review of the conditional use application; and B. If the application involves development of a new ✓ structure c_ expansion or exterior remodeling of an Arifll��i�►� existing structure, proposed elevations of the struc- ture. THE PX1'ak�r tvlr�1 �>E gC!ajVrV WffH 41TK4 tPA7_&,� waoe LAP -- ' off. w4ob st}w4t,� S�1ria�, ,ot�a-?r(� E.�usruy4'S�{w6�c� 5�viu4. Au-1711 &�CKt►NtT�S 11 iv "Al (AXVAVw'- A5 V fXfST1nL� Wl"w 1 � K'1r�1,aGE` FAsr vifwof r,� . I Attachment "B" MEMORANDUM TO: Kim Johnson, Planning Office FROM: Jim Gibbard, Engineering Department DATE: January 28, 1991 RE: Seymour Conditional Use Review ---------------------------------------------------------- ---------------------------------------------------------- Having reviewed the above application and made a site visit, the Engineering Department has the following comments: 1. The original lot split approval agreed to grant a driveway easement and a reserved dedication of right-of-way easement. The structure in question is located within the boundaries of these easements. This was not a problem at the time because the applicant indicated that the structure would be demolished. The applicant now proposes to keep the structure which corresponds with Council interest in terms of the historical significance of this building. Because of this change, the applicant needs to apply for an insubstantial amendment to the subdivision plat which will request modification of these two easements to allow for this structure. This needs to take place before a building permit is issued. 2. The location of a trash area for this development needs to be shown to the Engineering Department before issuance of a building permit. jg/seymour cc: Chuck Roth ATI:1C7it1UTr 1 LAND USE AI'PLXCAIION I•GUM :L) project Name 5rYop"p-L ��SIOErJG� 2) Yroject Location LOT # I NOLK l"T G?LtT 0k- . IOMac IRA15 'a,1 P4r,i0f1 ( indicate street address, lot & block r&wber, legal description uhere, appropriate) - 3) Present Zoning 30 .4) Lot Size '3` , wD C sAFr' 5) Applicant's Name, Address & Phone `�YWt4g 1446 MONAco DPA ' (213� �"I$-O�I�I • PaG1�1G (�LI�-�,� ; c,4u�v� �1d2�2 , 6) Representative's Name, Address & Phom I AL- U'(gQ M"q&q 'tZ. &30 -9, HIJMAO 42-V q25-e63'1 *RA, roL-oP-,Oa �41wI .-13AC/U 7) lype of Application (Please aleck all that apply): .Conditional Use Ooanoeptual SPA Oonoepbual historic Dev- Spe-_i al RevieW Final SPA Final historic Dev- 8040 Greenline Oax)eptual PUD Minor Historic Dev- Steam Margin Final. PUD historic Demolition. Manita in Vies. Plane Subdivision ' historic Designation bandaminiuiization- ZhxV)Iap Amerd wnt Q4QS Allotment Lot Split;/X'ot Line Gtps E)ampti n. Adjustanent 8) Description of Existing st-i n Uses ' (rxmber and type of e"'t ng approaa.mate sq_ ft. ; rxmber of bedrooms; any Previous approvals s grand to the Ply) - �jCl�(-IN6i OrJ dRooti` tj�U' (Anopc' ,(- Cyal3 See PT•) vtr. w / mwr-)3 PpAke 9) Description of Development Application 7C!`3rIaE� }bUSE ID 6L62v16 l�g16QA%69 Stl r-f, fhfeziK)� Arp P F,� Co�lb1�1 5 ar_ VO�V LCrC-� IT Pr `�rP�t STI Tu (OtT G+{ v WILL GuA As pPw � SIbLNG� 10) nave you attactx�d the foUowirW- �_ pzes i e to Attadmmesnt 2, Mmuou n SLbaisslon Contents Ibesponse to Att.actm)ent 3, Specific SL!mission Oontents X- rbesponseto Attachment 4, peviar Standards for Your Application ATTACHMENT 2 Minimum Submission Contents for All Development Applications All Development Applications shall include, at a minimum, the following information and materials. ✓ 1. The applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 2. The street address and legal description of the parcel on which the development is proposed to occur. 3°10 N.gPR►n?G, STt2'cEi",�k5(1 GaLa12A� Lor 1 co VOL A4 Ler- SPL..IT-, OItLAAavlA FLNM - qsP> , 40, 3. A disclosure of ownership of the parcel on which the development.,is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado,. listing the names of all owners of the property, and all mortgages, judgments, liens, easements contracts and agreements affecting the parcel, and demonstrating- the owner's right to apply for the Development Application. 4. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. 04:6 ATT 0 �£T 5. A written description of the proposal and an explanation in written, graphic or model form of how the proposed development complies with the review standards relevant to the Development Application. TNt`3 'PPO'0 AL. IIJO VE'--, PVLU IC_VJN6► A 15tMP6L 0(6TJ% HMSft 4W %(&A 1T r--n2L %Th WVCIAMa HvAeow& VIA 1K CODE INPILL. FP0691*1 , TI- - tticrsnNU om4se wiu,� t� KPG►Ay wii N vV e)( slnl , W INM#-1136o vnuria$ hw 6LAZIN6% , at w uGtur=AL. I� NrDY1GtnXa , tU-662, T4L Ha ,,f- WILL- 12LNJAIN IN Mi C(Ar42igNT-_ LC6A1 ZD 4, A G4-VIII-V attach2.applicatioaf- Vow- wr st'Ur JS is ppavlor. &APUl fr. +�u$INC,—THIg PaoF AL Nor 'ImL . J . Jbf.5 Tltt � -W AL55) i'1 5r. Kul , tK 00¢lY. L OF TH,Z ATTACHMENT ,3 specific Submission Contents: Development Application for Conditional Use The Development Application for .,a_.cond=.=ional use shall include the following. h_ A sketch plan of the site showing existing and. proposed,. Features which are relevant to the review of the c'ES, REJ conditional' use application; and a. If the application involves development of a new SRC. d structure c� expansion or exterior remodeling of an BELOW �l existing structure, proposed elevations of the struc- ture. THE pgEX_a_ Mpr\ % �f sior._u wrtmf \.vmo LAP OIL w600 st IN6L9 Slaux., ou>+�-TrlE. EX�S7"u��4 Si4iw6iLrr_ S10I106,- ALL fV :j, � `'�,t • - -I ' , `� /�LvAA11�N SPPr.,tG PoU10 NT�L� .. , �J� K f am+ r .,/ 4ZL � � �Xr,T►11� SKr msr of "fE I, ATTACHMENT 4 Review Standards: Development of Conditional Use When considering a Development Application for a Conditional Use, the Commission shall consider whether all of the following standards are met. A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the Zone District in which it is proposed to be located; and 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 ac- tivities in the immediate vicinity of the parcel proposed for development; and Q.M ! C. The location, size, design and operating characteris- 1ST tics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedes- trian and vehicular circulation, parking, trash, i11G'' .�1fcfF�rlC%1,It�v service delivery, noise, vibrations and odor on surrounding properties; and �-�-t 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; and E_ The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; and F. The proposed conditional use complies with all addi- tional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable require- ments of this chapter. att4.conditionaluse Al Beye. _sign FEB 1 5 Kim Johnson, Planner Aspen,/Pitkin Planning Office 130 South Galena Street Aspen, CO 81611 RE: Application for Unattached Accessory Dwelling Unit Kim: On January 21st, 1991 I mailed copies of the enclosed PUBLIC NOTICE to all owners of properties within 300 feet of the lot at 390 S. Spring Street (the Seymour residence) using a list obtained from the county assessors office. Sincerely, AA e Al Beyer Principal Al Beyer Design, Inc. Post Office Box 9665 Aspen, Colorado 81612 303 925-8339 W r e "Aih rA J413 Y' 0 �t G I.1�j 12 �s16 (,P,� R&sw&zc& 0 Ac.-> fta*o OLOP- R,lOUC &5,R u\� & �� 566�13 f1Z&V% FPltll(ltS `-T'. a� R z106r�'tJDE R;�K ir��t►� ��1'�E~ I I OC,I D Q rvp Qbr -t'o 3900.-PgII,"C ST Pn9ML4q6' AL BEYER DESIGN POST OFFICE BOX 9665 !-ASPEN, COLOf�AD081612 303-925-8339 Al aeSlg^s. �aecs a^;n-jen, and plans indi- Cated by these drawings and specific are the property and copyright of [he Designer and shall neither be used on any other work nor be used by any other person for any use whatsoever with- out written permission. Written dimensions shall take precedence over scaled d�mens�ons and shall be verified at the job site. Any dimensional dis- crepancy shall be brought to the attention of the Designer prior to commencement of work. GEC-18-1990 16:58 FROM i9ene Seymour H.D. TO HL BE`i'ER P.01 Eugene Seymour, M.D., M.P.H. 1465 Monaco Drive Pacific Palisades, CA 90272 VOICE (213) 478-0971 FAX (213) 454-8977 FAH TRflNSM ITTHL SHEET Number of pages INCLUDING this cover sheet 2�--�-� T+(q P: ��ru Company: Phone/Date: �FAX #: 4 Cow E . 44YIYIAN +#2�, AC;Vctt CITY OF ASPEN • PRE -APPLICATION. CONFERENCE SUMMARY PROJECT • 1 APPLICANT'S REPRESENTATIVE: U1 REPRESENTATIVE'S PHON�E:C OWNER'S NAME: i I % ) 0-. l "�. O' . e ) -CAL't 11 1. Type of Application: 2. Describe4ation/type of -1 SUMMARY ,`\ L1�� ✓L�2 _ it � ! - eve/�opment being requested: 3. Areas is which Applicant has been, requested to respond, types of reports requested: Policy Area/ Referral. Agent Comme s L 4. Review is: (P&Z Only (CC Only) (P&Z then to CC) 5. Public Hearing: (YES) (NO) 6. -Number of copies of the application to be submitted: *requested 7. What fee was applicant to submit:` 8. Anticipated date of submission: 9 . C MMgNTS/UNIQUE ONCERNS : �, <,�/��(i P 1� vL.. frm.pre_app DEC-18-1990 bo kvorded at oV 7C O Reception No. x O THIS DEED, Made this between Richard W. N 2 10, 1984 o- P4 0 E-4 H � W State of city of 17:02 FROM Eugene Seymour- H.D. TO o'cloc It M„ �% -A i inn corder, WARRANTY DEED 1st day of Septtlnber 19 8 9 . Volk, Trustee UTA dated March of the + County of P 1-tkirj I , State of Colorado, grantor0l) and Eugene IH. Seymour and Judith K. Seymour, Co -Trustees of the Seymour Family Trust UTA dated /, - fe-, whose legal address is 1465 Monaco Drive, Pacific Palisades, California 90272 �1,97' vv{ls�/f AL BE`,'ER P.01 3� SILVIA DAVIS Pi7t',11i CNTY RECORDER SEP G ' 3 12 WOS grantcc(s): WITNESSETH, That the grantorM. for and in consideration of the sum of Ten Dollars ($10 . 0 0) and tithe] good and valuable considerations .191W,61 the receipt and sufficiency of which is hereby acknowledged, ha S rcd, sold and conveyed, and by these presents do es grant, bargain, sell. convey, and confirm, unto the grantee(s), their , , and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of, Pitkin State of Colorado, described as follows. Lot 1, Volk Lot Split, according to the Final Plat thereof recorded August 14, 1989 in Plat Book 23 at page 24 of the Pitkin County records SEP 61989 'IUGETHUR with all and singular the heredilament8 and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor(s), either in law or equity, of, in and to the above bargained premises. with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described with the. purtcnagccs, unto the grantee(,,), th�irSuCces of assigns forever. And the grantorM. for nd him sel f r his c 7'") Y' ">,* �� i i / / do es coverxnt, grant, bargain, and agree to and with the grantee(s). their iX and asci ns, that atthc time of the cnsealing and delivery of these presents. he i s seized of the premises above conveyed, hsa cceA54 well Y goo sure, perfect, absolute and indefeasible estate of inheritance. in !as-,. in fee uimiplc, and has , good right. lull power and authority to grant, bargain, sell and convey the Sallie in manner and form as aforesaid, and that the same arc free and clear from all former and other grants, bargains, sales, liens, taxes, assessments. encumbrances, and restrictions of whatever kind or nature soovcr, except and subject to those matters set forth on Exhibit A attached hereto and made a part hereof by this reference. The grantorM shall andwill �WpArRs ANT AND FOREVER DEFEND the above -bargained premise6 in the quiet and peaceable possession of the grantee(s), their SWPd. asslgus, against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF, the grantor W ha S' executed this deed on the date set forth above, AJ Richard W. Volk, Trus ee UTA. dated March 10, 1984 of Australia ) to General of the I, States of An, erica j SS STATE OF ss, County of r r h - . The foregoing instrurncrit was acknowledged before me this Zd day, eF /`� 19 $ 9 �rfP by Richard W. Volk, Trustee UTA dated March 10,', 4My ' Witness I hand and official seal. `lf in Denver, insert "City and". T �UQlt�d kvc.. Lat*'ood. CO 80214 — (303) 233-6')0o 8.86 Tf 1 ecox 601 P,,u 298 0 EXHIBIT A �xooptiQns �zom Waxxaati�s 1. General taxes and assessments for 1989 and subsequent years, and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing dis- trict. 2.. Reservations and exceptions contained in U.S. Patent recorded December 14, 1900 in Book 39 at page 136. 3. Reservations and exceptions contained in Deeds recorded April 27, 1901 in Book 142 at page 377, November 21, 1901 in Book 142 at page 500, October 22, 1901 in Book 143 at page 32, and January 30, 1906 in Book 143 at page 182. 4. Easements, reservations, restrictions, dedications and other matters set forth or depicted on the Final Plat of Volk Lot Split recorded August L_Z_, 1989 in Plat Book z,3 at page 5. Covenants, conditions, restrictions, requirements and other matters contained in the Subdivision Improvements Agreement for Volk Lot Split recorded August at page 2 ^/_, 1989 in gook z 9 ASPEN/PITKIN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (303) 920-5090 January 11, 1991 Al Beyer Al Beyer Design, Inc. 630 E. Hyman #28 Aspen, CO 81611 Re: Seymour Conditional Use Review Dear Al, This is to inform you that the Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. We have scheduled this application for review at a public hearing by the Aspen Planning and Zoning Commission on Tuesday, February 19, 1991 at a meeting to begin at 4:30 pm. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to the application is available at the Planning Office. Please note that it is your responsibility to post the subject property with a sign for the public hearing and to mail notices to property owners within 300' of the subject property. If you have any questions, please call Kim Johnson, the planner assigned to your case. Sincerely, Debbie Skehan Administrative Assistant NOTICE TO ADJACENT PROPERTY OWNERS RE: SEYMOUR CONDITIONAL USE REVIEW FOR AN ACCESSORY DWELLING UNIT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, February 19, 1991 at a meeting to begin at 4:30 pm before the Aspen Planning and Zoning Commission, 2nd Floor Meeting Room, 130 South Galena Street, Aspen, Colorado to consider an application submitted by Gene and Judie Seymour requesting Conditional Use Review approval in order to deed restrict an existing 693 sq. ft. one bedroom house as an accessory dwelling unit. A new primary residence will be built on the 31,680 square foot lot. The property is located at 390 N. Spring Street and is known as Lot ##1, Volk Lot Split. For further information, contact the Aspen/Pitkin Planning Office, 130 S. Galena St., Aspen, CO 920-5090. s1C. Welton Anderson, Chairman Planning and Zoning Commission 11�0DI�CO)0141 ►1Dili 4 TO: City Engineer Housing Office FROM: Kim Johnson, Planning Office RE: Seymour Conditional Use Review Parcel ID# 2737-073-10-001 DATE: January 11, 1991 Attached for your review and comments is an application from Gene & Judie Seymour requesting Conditional Use Review approval. Please return your comments to me no later than January 30, 1991. Thanks 1?72� ._91, •a. r, f I c r . nx—Ne WAY f_A�E `� - — -= J ' Off- I.I�IKyoWM Z W '1� ��1AiIJ 1� � 0 0 MC�INTr�IN 4 t 2t - --- - ,_ FIB Vf_f2lFr off M. b' IZ---_ t i — VOLK Lc;T-� sP�-I� �=%� + l`� I .J CA �V i� M► um 1� \ 390 }J. �PjZIfJ S-1' cMKL RIo�RANDE Fl!(iJ( Slrc N / MAID! ST1R�rcr .LoC-k_ i Oil M,�P QTD-r -ro SC,AL_I pro 5r�r PLAN / �A�LSCAr A- I EE�YATE o+.� 5 A z ��oo� , t.ls ���UIL`Gltl �S�C,-!'►o�l.S A3 r'IOTDtS 142 LAt� s VA-1'10�45 A-S r�l cJ� s 5� r9 +'� l�A S �J E vA'r I a E•l S � -G 'VI ODS 7 La, 1 I- .N >=I.E v I C t'4S A-7 MODS q iLlo ?LA S EL£`/A'rIOWS A $ M O-D I I T>L'44� 4 1' vlNrl l bt�s/ WAS'l.,I- LTI bN S - I F:::'o LEI 4�-r I D "PL-AKI S-2 5-rKJC.TLJ2 D=-i'AIL G�I�I�I•- MOi>I�II-ES I.bLP`rFp bl.l DI Pl-A�S L�N�Sc�P I NG I, I6 aQSTI�J6 T EfL � M 9nA 2, N r'� TP52S AVOW _r AS �L4�-,Ob PIAI Q 1, ANY Ib" * 0SE TI fir' L is uiIrH I►J %) YFA�. �P {ALAI N �.L_ E31: WILT �J 2, SLR art 6PAVE 0-rt�M ar- fLa>� FLAIIJ Iq lasLhh' AL BEYER DESIGN POST OFFICE BOX 9665 ASPEN, COLORAD081612 303-925-8339 All designs, ideas, arrangements and plans indi- cated by these drawings and specifications are the property and copyright of the Designer and shall neither be used on any other work nor be used by any other person for any use whatsoever with- out written permission. Written dimensions shall take precedence over scaled dimensions and shall be verified at the job site. Any dimensional dis- crepancy shall be brought to the attention of the Designer prior to commencement of work. A RESIDENCE FOR: GENE & JUDIE SEYMOUR OKLAHOMA FLATS ASPEN, CO 81611 VoLK Lcrr gPL r L.or # L REVISIONS PROJECT NO. 1015 DRAWN BY: LAI- / A.& CHECKED BY: 4.5 ISSUE DATE: SHEET TITLE: SITE FI-AI� LA405CA�t rLAN �� O