HomeMy WebLinkAboutLand Use Case.CU.624 E Hopkins Ave.A28-95&Z Zi C [�O f V'- NJ-
Rothblum Cond Use
2737-073-32-004
Review fc:r ADU
A28-95
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CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 03 16 95 PARCEL ID AND CASE NO.
DATE COMPLETE: `- 2737-073-32-004 A28-95
STAFF MEMBER:— LL
PROJECT NAME: Rothblum Conditional Use Review for ADU
Project Address: 624 E. Hopkins
Legal Address: Lot O & W 3; of Lot R, Block 98
APPLICANT: Marcia & Rhilip Rothblum
Applicant Address: V17 E. Cooper, Aspen
REPRESENTATIVE: Martin Mata, Lipkin Warner 920-1142
Representative Address/Phone: 400 W. Main St.
Aspen, CO 81611
FEES: PLANNING $ 224 # APPS RECEIVED 8
ENGINEER $ # PLATS RECEIVED
HOUSING $
ENV. HEALTH $
TOTAL $ 224
TYPE OF APPLICATION: STAFF APPROVAL: 1 STEP: X 2 STEP:
P&Z Meeting Date PUBLIC HEARING: NO
VESTED RIGHTS: YES NO
CC Meeting Date
DRC Meeting Date
PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
-----------------------------------------
-----------------------------------------
REFERRALS:
City Attorney
Parks
Dept.
City Engineer
Bldg
Inspector
Housing Dir.
Fire
Marshal
Aspen Water
Holy
Cross
City Electric
Mtn.
Bell
Envir.Hlth.
ACSD
Zoning
Energy Center
DATE REFERRED: INITIALS:
School District
Rocky Mtn NatGas
CDOT
Clean Air Board
Open Space Board
Other
Other
DUE:
FINAL ROUTING: DATE ROUTED: _rt(� INITIAL•S�1-r
City Atty City Engineer
Housing Open Space
FILE STATUS AND LOCATION:
Zoning Env. Health
Other:
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE
APPROVAL OF A CONDITIONAL USE FOR AN ACCESSORY DWELLING UNIT AT THE
ROTHBLUM RESIDENCE, 624 EAST HOPKINS (LOT Q AND WEST 1/2 OF LOT R,
BLOCK 98) CITY AND TOWNSITE OF ASPEN
Resolution No. 95-
WHEREAS, pursuant to Section 24-5-510 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
Phillip and Marcia Rothblum for a Conditional Use review for a 300
s.f. below grade accessory dwelling unit at their residence; and
WHEREAS, the proposed unit is no 100% above grade, therefore
the site is not allowed an FAR bonus pursuant to the definition
of Floor Area "Accessory Dwelling Unit", Section 3-101 of the Aspen
Land Use Code; and
WHEREAS, the Housing Office, City Engineer, and the Planning
Office reviewed the proposal and recommended approval with
conditions; and
WHEREAS, during a public hearing at a regular meeting on April
4, 1995, the Planning and Zoning Commission approved by a
7-0 vote the Conditional Use review for the below grade existing
accessory dwelling unit amending the conditions recommended by the
Planning Office.
NOW, THEREFORE BE IT RESOLVED by the Commission:
That the Conditional Use for a 300 s.f. net livable, below grade
accessory dwelling unit is approved with the following conditions:
1. Prior to issuance of any building permits the applicant shall:
a. verify the net livable square footage of the ADU;
b. upon approval of the deed restriction by the Housing
Office, the applicant shall record the deed restriction
with the Pitkin County Clerk and Recorder's 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; and
C. kitchen plans shall be verified by the Housing Office to
ensure compliance with specifications for kitchens in
ADUs.
2. The applicant shall agree to join any future improvement
districts which may be formed for the purpose of constructing
improvements in the public right-of-way.
3. The ADU shall be clearly identified as a separate dwelling
unit on Building Permit plans and shall comply with U.B.C.
Chapter 35 sound attenuation requirements.
4. Prior to issuance of a certificate of occupancy the planning
department shall inspect the unit to determine compliance with
the conditions of approval.
5. All material representations made by the applicant in the
application and during public meetings with the Planning and
Zoning Commission shall be adhered to and considered
conditions of approval, unless otherwise amended by other
conditions.
APPROVED by the Commission at its regular meeting on April 4, 1995.
Attest:
Planning and Zoning commission:
Sharon Carrillo, Deputy City Clerk Bruce Kerr, Chair
MEMORANDUM
TO: Aspen Planning and Zoning Commi sion 1%�
FROM: Leslie Lamont, Deputy Director S
RE: Rothblum Conditional Use Review - Public Hearingvfl jC
v
DATE: April 4, 1995
SUMMARY: The applicant proposes to construct a below grade
accessory dwelling unit within a single family residence. Staff
recommends approval of the conditional use for an accessory
dwelling unit with conditions.
APPLICANT: Marcia and Philip Rothblum represented by Lipkin Warner
LOCATION: 624 East Hopkins
ZONING: Commercial - 1
APPLICANT'S REQUEST: To provide an approximately 300 square foot
studio accessory dwelling unit pursuant to Ordinance 1
requirements.
REFERRAL COMMENTS: Please find the referral comments from the
Housing Office, exhibit A.
STAFF COMMENTS:
Conditional Use Review - Pursuant to Section 24-7-304 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
proposed to be located;
RESPONSE: The proposed accessory dwelling unit is an attached,
below grade unit. The size is approximately 300 square feet but
the net liveable must be verified by the Housing Office at the time
of building permit application. The net liveable square footage
cannot be less than 300 square feet. The unit must comply with the
Housing Guidelines and the requirements of Ordinance 1 and shall
be deed restricted as a resident occupied unit for working
residents of Pitkin County.
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: Construction of ADUs off of the alley are encouraged by
Ordinance 1. The proposed location of the ADU is within the
primary residence and is accessed off of the alley.
Because this parcel once contained an historic structure the
proposed single-family home has been reviewed and approved by the
HPC.
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: Although the ADU is below grade, a small protected
outdoor patio is provided. The design of the residence indicates
a flat roof, therefore shedding snow should not be a problem for
the access to the ADU.
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 new services are required for the ADU.
E. The applicant commits to supply affordable housing to meet
the incremental need for increased employees generated by the
conditional use; and
RESPONSE: The dwelling unit must be deed restricted for resident
occupancy. If the unit is rented a qualified working resident of
Pitkin County shall reside in the unit. The applicants have stated
in pre -application conferences that the unit is intended for a
caretaker.
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 conditional use is an attempt to comply with
Ordinance 1 requirements and to provide a caretaker unit.
RECOMMENDATION: Staff recommends approval of the ADU with the
following conditions:
1. Prior to the issuance of any building permits the applicant
shall:
a. verify the net liveable square footage of the ADU;
2
b. upon approval of the deed restriction by the Housing Office,
record the deed restriction with the Pitkin County Clerk and
Recorder's 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;
c. kitchen plans shall be verified by the Housing Office to ensure
compliance with specifications for kitchens in ADUs;
2. All material representations made by the applicant in the
application and during public meetings with the Planning and Zoning
Commission shall be adhered to and considered conditions of
approval, unless otherwise amended by other conditions.
3. The applicant shall agree to join any future improvement
districts which may be formed for the purpose of constructing
improvements in the public right-of-way.
4. The ADU shall be clearly identified as a separate dwelling unit
on building permit plans and shall comply with U.B.C. Chapter 35
sound attenuation requirements.
5. Prior to the issuance of a certificate of occupancy the
Planning Department shall inspect the unit to determine compliance
with the conditions of approval.
RECOMMENDED MOTION: "I move to approve the conditional use for
624 East Hopkins with the conditions as outlined in the Planning
Office memo dated April 4, 1995."
ATTACHMENTS:
A. Housing Referral Comments
B. Plans
3
• P.1
TO: Leslie Lamont, Planning office
FROM: Cindy Christensen, Housing Office
DATE: March 29, 1995
R$: Rothbluza Conditional Use Review for an Accessory Dwelling
unit
Parcel ID No. 2137-073-32-004
The Housing Off ice recommends approval for the requested accessory
dwelling unit if the square footage is within the following
condition:
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 i1 duration. Owners of the principal
residenoe shall have the right to place a qualified employee or employees of his or her choosing in
the accessory dwelling unit.
:'he applicant states that the proposed accessory dwelling uni. ;s
at least 300 square feet, but actual floor plans of the unit
showing the net liveable needs to be submitted before a building
permit can be approved. This unit is proposed to be located wi�h_a
the single family residence. The submitted plams of the accessory
dwelling unit show that _t is a p--ivate unit: with a porch in front.
The kitchen must also be bui-_t to the following specifications:
Kitchen - For Accessory Dwelling Emits and Caretaker Dwelling Units, a minimum of a two -burner
stove with even, standard sink, and a 6-cubic foot refrigerator plus freezer.
Again, before the applicant can receive building pa--mit approval,
the applicant must provide to tb-Ie -Housing office actual floor
plans, showing the net liveable calculation of the accessory
dwelling unit as defined by the Housing Office, and a signed and
recorded Deed Restriction, which can be obtained from the Housing
Office. The Housing Cffics must have the recorded bock and page
number prior to building permit approval.
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PUBLIC NOTICE
RE: ROTHBLUM CONDITIONAL USE REVIEW FOR AN ACCESSORY DWELLING UNIT
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Tuesday, April 4, 1995 at a meeting to begin at 4:30 pm before the
Aspen Planning & Zoning Commission, 2nd Floor Meeting Room, City
Hall, 130 S. Galena, Aspen to consider an application submitted by
Marcia and Philip Rothblum, requesting approval of a Conditional
Use Review for an Accessory Dwelling Unit attached to a proposed
new singel family residence. The property is located at 624 E.
Hopkins Ave.; Lot Q and W. of Lot R, Block 98, City and Townsite
of Aspen. For further information, contact Leslie Lamont at the
Aspen/Pitkin Community Development Department, 130 S. Galena St.,
Aspen, CO 920-5101.
s/Bruce Kerr, Chairman
Planning and Zoning Commission
• ASPEN/PITKIN •
COMMUNITY DEVELOPMENT DEPARTMENT
130 S. Galena Street
Aspen, Colorado 81611
(303) 920-5090 FAX# (303) 920-5439
March 22, 1995
Martin Mata
Lipkin Warner
400 W. Main St.
Aspen, CO 81611
Re: Rothblum Conditional Use Review for an Accessory Dwelling Unit
Case A28-95
Dear Martin,
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 4, 1995 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 Leslie Lamont the planner assigned to your case, at 920-
5101.
Sincerely,
Suzanne L. Wolff
Administrative Assistant
apz.ph
AITAa DIDIr 1
WND USE APPLICATICN FO 4 •
1) Project Name
2) L>roject Location
( indicate stceet address, lot & block numb�r, legal des won where
appropriate)
3) Present Ong 4) Lot Size D
5) Applicant's Name, Address & Phone #
6) Representative's Name, Address & Phone 4 � ��%i`fC(L aw(
t125kkC P
7)
Type of Application
(please cher� all that apply):
Conditional Use
Conoeptual. SPA
Conceptual Historic Dev-
Special Review
Final SPA
Final Historic Dev-
8040 Grceenline
OoncePtXIal PUD
Minor Historic Dev-
Stream Margin
Final PUD
Historic Demolition
MoLmtain View Plane
Subdivision
Historic Designation
Condcmimumization-
Text/Map Amery1ment
CM2S Allotment
Lot Split,/Ivt Line
C;K�S Emopticn. -
Adjustment
8)
Description of Eki st i nQ Uses - (number and type of existing n7 stxuCtrmes;
approximate sq- ft- : mmber of bedrooms; any previ=-- approvals granted to the
prop'-rt y) -
9) Description of Development Application
40d
10) f lave you attached the followixrf-
Respo to Attachment 2, Minim= Submission Contents
Morse to Attachment 3, Specific Submission Contents
Ibesponse to Attachment 4, Review Standards for Your Application
CONDITIONAL USE
Application Package Contents
Attached is a Development Application package for submission of
your application. Included in this package are the following
attachments:
l.. Application Form
2. Description of Minimum Contents of Development Application
3_ Description of Specific Contents for Submission of your
Application
4. Copy of Review Standards,'for Your Application
5. Public Hearing Notice Requirements Summary
G. General Summary of Your Application Process
Generally, to submit a" complete application, you should fill in
the application fora and attach to it that written and mapped
information identified in -Attachments 2 and 3. Please note that
all applications require responses to the review standards for
that particular Cevelopment type. The standards for your
application are Visted in Attachment 4.
You can determ'ne if your application requires that public notice
be given by rfiewing Attachment 5. Table 1 of that attachment
will tell yortwhether or not your application requires notice and
the form the notice should take. Your responsibilities in this
regard are ummarized in the cover explanation to the table.
We stron y encourage all applicants to hold a pre -application
conferen e with a Planning Office staff person so that the
requirements for submitting a complete application can be fully
described to you_
Pleas also recognize that review of these materials does not
subs itute for a complete review • of the Aspen Land Use
Reg lations_ While this application package atte:.pts to
su arize the key provisions of the Code as they apply to your
tv e of development, it cannot possibly replicate the detail or
t e scope of the Code. If you have questions which are not
nswered by the materials in this package, we suggest that you
co -tact the staff member assigned to your case or consult the
ap:,licable sections of the -Aspen Land Use ;regulations_
a ppcove r
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Mayflower Ct.................. H-1-7
McSkimmingRd..........H-I-7 y �Q a G�O►eiq
Meadow Dr.............G-H-? ,/ m C
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Midland Av...................H-6-7 St G`t �cd1
Mill St............................G-I-S G//
Monarch St........................G H 5 _ t 'k. QN
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Mtn Oaks PI.� ......................... .H 2 =c �. Y V _ 'H n
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Riverside Av. '............ H-6 Ute .- 9 _ Dr�
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Riverside Dr.. ................... 1-&7
Overlook Dr .............................. E 3 Roaring Fork Dr............... »t:I-it C%Yab/
Park Av, Cir.................................H-6
Purl Cr p-A Roaring Fork Rd ................... - F 4 5
Vicinity Map
624 East Hopkins
Written Description of Proposal:
3-Story, masonry, single-family residence with a roof terrace.
Written Description of Compliance With Development Standards:
'A' --Consistency with the Aspen Area Plan and with the intent of the C-1 Zone District
This project is a single family residence which will be used year-round as a permanent
home for the owners. The project will also contain (and is the subject of this application)
a registered and deed restricted accessory dwelling unit. Both of these aspects contribute
to the overall goal of enhancing the permanent community.
B' --Effect on the character of the immediate vicinity:
The residential character of the existing neighborhood will be strengthened by the
addition of permanent residences.
'C' --Effect on the surrounding properties:
The immediate surrounding properties are all of commercial or residential use and will
not be adversely effected by this accessory dwelling unit
D' --Public Facilities
All public facilities are presently available on the site.
'E' --Affordable Housing
This application is to provide an'affordable housing unit.
7' --Additional Aspen Area Plan Standards
One of the primary policies of the Housing action plan is to promote the use of accessory
dwelling unit programs.
,ta„d.dm
Marcia and Philip Rothblum
617 East Cooper Avenue
Aspen, Colorado 81611
303 925 5554
02/22/95
Amy Amadon
Historic Preservation Planner
Aspen/ Pitkin Planning Office
130 S. Galena St.
Aspen, CO 81611
Re: 624 East Hopkins
Dear Amy,
By means of this letter we wish to inform the City Of Aspen that Lipkin Warner Design
Partnership is authorized to act on our behalf in obtainin�u, the necessary development
approvals for our proposed residence at 624 East Hopkins.
And Philip Rothblum
auth.doc
Street Address:
624 East Hopkins Avenue
.Aspen. Colorado
Legal Description:
Lot Q and the west 1/2 of Lot R, Block 98, Cite and ToxNmsite of Aspen
Icgal.doc
z 0
BROOKE A. PETERSON
GIDEON I. KAUFMAN
ERIN L. FERNANDEZ ••
ROBYN J. MYLER •••
ALSO ADMITTED IN MARYLAND
- ALSO ADMITTED IN FLORIDA
ALSO ADMITTED IN NEW YORK
AND CONNECTIC UT
LAW OFFICES OF
KAUFMAN & PETERSON, P.C.
315 EAST HYMAN AVENUE
ASPEN, COLORADO 81611
February 21, 1995
The City of Aspen
Community Development Office
130 South Galena Street
Aspen, Colorado 81611
TELEPHONE
(303) 925-8166
FACSIMILE
(303) 925.1090
RE: Disclosure of Ownership Lot 0 and West 1/2 of Lot
R, City of Aspen
Dear Ladies and Gentlemen:
Please allow this letter to serve as the disclosure of
ownership required pursuant to Section 6-202 (B)(3) of the City of
Aspen land use regulation under the land use procedures of the City
of Aspen. The undersigned is an attorney duly licensed to practice
law in the state of Colorado. Based upon the examination of the
title insurance commitment for Lots Q and the West 1/2 of Lot R,
City of Aspen, the undersigned hereby certifies that the property,
at present, is owned by MHS Partners, Ltd., and Richard Corriere.
At the present time, there are no outstanding mortgages,
judgements, liens, easements, contracts, or agreements affecting
the parcel. The right of Philip and Marcia Rothblum to make
application for design review, pursuant to the City of Aspen land
use regulations, is demonstrated by the letter attached hereto from
MHS Partners, Ltd., on behalf of the owners of the property.
Should you have any questions please do not hesitate to
contact the undersigned.
Yours Very Truly,
KAUF & PETE P.C.,
A/1115ofessi na4CorpoNzation
By:
BAP:cem
Mir �UFLV .�
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5 o�- c �--
Z 0 0
February 21, 1995
The City of Aspen
Community Development Office
130 South Galena Street
Aspen, Colorado 81611
Re: Lot 0 and West 1/2 of Lot R, Block 98, Aspen
Dear Ladies and Gentlemen:
Please allow this letter to serve as authorization for Philip
and Marcia Rothblum to pursue any and all land use applications
including, but not limited to, design review approval pursuant to
Ordinance No. 35, Series of 1994, with respect to the above
referenced property. This letter of authorization shall also serve
to authorize Mr. and Mrs. Rothblum's agents in this matter, the law
offices of Kaufman & Peterson, P.C., and Michael Lipkin and
Associates, Architects, to also pursue the above application.
Nothing contained in this letter shall, however, grant Mr. and
Mrs. Rothblum or their agents any authority to affect or to revoke
any existing building permits which have been issued for the above
referenced property, and nothing in any approvals granted to the
Rothblums shall bind the current owners of the property.
This letter is written on behalf of the present owners of the
property, MHS Partners, and Richard Corriere.
Yours Very Truly,
MHS PARTNERS, LTD.
by Andrew V. Hecht, General Partner
BP/cem
• LIPKIN 'WARNER •
DESIGN PARTNERSHIP
Transmittal
Date: 03/ 16/95
To: Leslie Lamont
From: Martin Mata
Re: 624 E. Hopldns
Leslie:
Enclosed is our application for conditional use review of 624 East Hopkins.
Also included are 7 copies of the package. We are planning on the April 4th.
meeting.
Thanks.
Ct1 �`v'cst ;vlaiii Strczt �Suit� ; l� Aspnn, Colorado 9 1 6 1 1 > 9 303.920.1142 > Fax 303.920.3816
f
L IPKIN ° WARNER
DESIGN PARTNERSHIP
400 West Main - Suite 100
Aspen, Colorado 81611
Phone 303 - 920 - 1142
Fax: 303 - 920 - 3816
ROTHBLUM RESIDENCE
FLOOR PLANS
P&Z CONDITIONAL USE REVIEW
ACCESSORY
DWELLING
UNIT
BATH 41 SF
LIVING 282 SF
CLOSET 48 SF
TOTAL NET 371 SF
GARDEN LEVEL
3/15/95
3/29/95
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DESIGN PARTNERSHIP
400 West Main - Suite 100
Aspen, Colorado 81611
Phone 303 - 920 - 1142
Fax: 303 - 920 - 3816
ROTHBLUM RESIDENCE
FLOOR PLANS
P&Z CONDITIONAL USE REVIEW
3/15/95
3/29/95
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L, IPKIN ° WARNER
DESIGN PARTNERSHIP
400 West Main - Suite 100
Aspen, Colorado 81611
Phone 303 - 920 - 1142
Fax: 303 - 920 - 3816
ROTHBLUM RESIDENCE
FLOOR PLANS
P&Z CONDITIONAL USE REVIEW
3/15/95
3/29/95
plans\r-planes
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• Aspen/Pitkin Community •
Development Department
130 South Galena Street
Aspen, Colorado 81611
(303) 920-5090
;?737-C-7 3-37-0'0�
City Land Use Application Fees:
00113-63850-041
Deposit Y_d'�✓!r��CJ[sl�f
-63855-042
_
Flat Fee
-63860-043
HPC _
-63875-046
Zo:ung & Sign Permit _
- NM011
Use "Tax
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
County Engineer
City Engineer
Housing
Enviromental Health
Sales:
00113-63830-039 County Code
-69000-145 Copy Fees
Other
Name: /� c �.(�_ Date3 744 Qicck-�&�
Address: -�Cl G�J ®tt/�'LPro�jct:
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Case No: A 2_ "
Phone: lc5lzo , 3 g I No. of Copies
100— ED -*v l \
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SCALE: 1 /20'=1'-0"
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DATE: 6.6.95
REVISION:
DRAWN BY:
SHEET NUMBER:
2.1