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HomeMy WebLinkAboutLand Use Case.CU.211 Midland Ave.A36-90 • CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 6/7/90 PARCEL ID AND CASE NO. DATE COMPLETE: 2737- 181 -07- 010 &011 A36 -90 STAFF MEMBER: PROJECT NAME: Schiff Conditional Use for an Accessory Dwelling Project Address: 211 & 215 Midland Avenue Legal Address: Lot 5, Promontory Subdivision APPLICANT: Theresa Schiff Applicant Address: 201 Midland Avenue. Aspen, Co 5 -3669 REPRESENTATIVE: Roger Kerr, Architect Representative Address /Phone: 406 G Pacific Avenue Aspen, Colorado 81611 5 -8289 PAID: YES NO AMOUNT: N/A NO. OF COPIES RECEIVED: 1 TYPE OF APPLICATION: / STEP: 2 STEP: / /�� //d P &Z Meeting Date / PUBLIC HEARING: ft NO VESTED RIGHTS: YES NO CC Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO Planning Director Approval: Paid: Insubstantial Amendment or Exemption: Date: REFERRALS: City Attorney Mtn. Bell School District City Engineer Parks Dept. Rocky Mtn Nat Gas Housing Dir. Holy Cross State Hwy Dept(GW) Aspen Water Fire Marshal State Hwy Dept(GJ) - 77 City Electric Building Inspector Envir. Hlth. Roaring Fork Other Aspen Con.S.D. Energy Center DATE REFERRED: /C /2// v , INITIALS: FINAL ROUTING: DATE ROUTED: t/ (Z�(o INITIAL:_ City Atty / City Engineer (IL "Zoning Env. Health ousing Other: FILE STATUS AND LOCATION: RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE APPROVAL OF A CONDITIONAL USE FOR AN ACCESSORY DWELLING UNIT AT 211/215 MIDLAND, LOT 38 WEST ASPEN SUBDIVISION #2 Resolution No. 90- /2 WHEREAS, Theresa Schiff applied to the Planning Office for a Conditional Use approval for one Accessory Dwelling Unit to be voluntarily constructed within the existing duplex; and WHEREAS, the Aspen /Pitkin County Housing Authority and the Planning Office have reviewed the request and recommended approval of the Conditional Use Request with conditions; NOW, THEREFORE BE IT RESOLVED by the Commission: that Conditional Use is approved for an Accessory Dwelling Unit in the duplex on Lot 38 West Aspen Subdivision #2 with the following conditions: Prior to issuance of Building Permit: 1. The net livable square footage of the proposed studio accessory dwelling unit shall be verified by the Housing Authority prior to final approval. 2. The accessory dwelling unit shall meet definition of "dwelling unit" as to a separately enterable, self- sufficient room or combination of rooms which contain a kitchen and bath facilities and which are designed for or used as a residence by a single family, independent of other families or guests. 3. The Owner shall file an appropriate deed restriction with the Aspen /Pitkin County Housing Authority for- approval. Upon approval by the Authority the Owner shall record the deed restriction with the Pitkin County Clerk and Recorder's Office. The deed restriction shall reflect that the shall meet the housing designee's guidelines for such units, meets the definition of Resident Occupied Unit, and be rented for periods of six (6) months or longer. The lease agreement for the units shall be approved by the Housing Authority to ascertain the six month provision is met and shall be executed by Owner prior to occupancy by any tenants. APPROVED by the Commission at its regular meeting on Noverber 20,7T990. / JaniCarney,`Deputy Cik' Clerk Walton Andeson, Chairman of V( c As AA i U6 -7- YCt- r2� jtkvj /Schiff.reso Aspen / Pitkin Planning Office 130 S. Galena Aspen, Co. 81611 (303) 920 -5090 Terri Schiff 201 Midland Ave. Aspen, CO. 81611 December 5, 1990 RE: Planning Commission resolution approving Conditional Use Dear Terri, Enclosed is a final signed copy of Resolution 90 -18 which contains the conditions of approval for your Accessory Dwelling Unit at 211/215 Midland. I am also forwarding a copy to the Housing Authority so that office knows to expect you in your efforts to comply with the conditions of approval. Please give them a call after a couple of days to see exactly what material they need for conditions 1 and 3. As the resolution states, these items must be taken care of before any building permits are issued for the installation of the unit. Let me know if I can be of further assistance. I will also be available when you are ready to process your condo plat amendment. Please call me at 920 -5090 when you're ready to begin. Sincerely, Kim Johnson Planner enclosure cc: Housing Authority MEMORANDUM TO: Planning and Zoning Commission FROM: Kim Johnson, Planner RE: Schiff Accessory Dwelling Unit - Conditional Use DATE: November 9, 1990 SUMMARY: The applicant seeks a Conditional Use approval in order to include an accessory dwelling unit of approximately 372 square feet within an existing 4,158 square foot duplex. Planning Staff recommends approval of this Conditional Use with conditions. APPLICANT: Theresa Schiff, represented by Roger Kerr LOCATION: 211/215 Midland Ave. Lot 38 West Aspen Subdivision #2 ZONING: R -6 APPLICANT'S REQUEST: Conditional Use approval for an accessory dwelling unit. PROPOSAL: The duplex contains 3 bedrooms on each side, with a total area of 4,158 sq.ft. The applicant wishes to include a studio type accessory dwelling unit of approximately 372 sq. ft. in the lower level of one of the residences (Attachment "A ") Ms. Schiff requests that the approval for one unit be granted for placement in either unit. Both sides of the duplex are for sale. The location of the Accessory Dwelling Unit will depend on the preference of the first buyer. REFERRAL COMMENTS: (see attachment "B ") Chuck Roth from Engineering reviewed the proposal and forwards the following comments: 1) The condominium plat needs to be updated to match the existing structure, which appears to be completely new. 2) Various construction features appear to be in the public right -of -way. The current driveway configuration needs an encroachment license through the Engineering Department. Other encroachments may exist. Drawings must be provided to the Engineering Department for review and remedial actions may be required. The Housing Authority forwards the following comments: The accessory dwelling unit shall contain not less than 300 square feet of net livable area and be located within or attached to a principal residence. It shall meet the housing designee's guidelines for such units, is required to be deed restricted by Owner, is to meet the definition of a Resident Occupied Unit and be rented for period of six months or longer. The Owner of'the principal residence shall have the right to place a qualified employee or employees of his or her choosing in the accessory dwelling unit. Recommended conditions are: 1. The net livable square footage of the proposed studio accessory dwelling unit shall be verified by the Housing Authority prior to final approval. 2. The accessory dwelling unit shall meet definition of "dwelling unit" as to a separately enterable, self- sufficient room or combination of rooms which contain a kitchen and bath facilities and which are designed for or used as a residence by a single family, independent of other families or guests. 3. Prior to issuance of any building permits for the accessory dwelling unit, Owner shall file an appropriate deed restriction with the Aspen /Pitkin County Housing Authority for approval. Upon approval by the Authority the Owner shall record the deed restriction with the Pitkin County Clerk and Recorder's Office. The deed restriction shall reflect that the shall meet the housing designee's guidelines for such units, meets the definition of Resident Occupied Unit, and be rented for periods of six (6) months or longer. The lease agreement for the units shall be approved by the Housing Authority to ascertain the six month provision is met and shall be executed by Owner prior to occupancy by any tenants. STAFF COMMENTS: An accessory dwelling unit is a conditional use in the R -15 zoning district. The Commission has the authority to review and approve development applications for conditional uses pursuant to the standards of Section 7 -304: 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: This proposed deed restricted unit will allow the property to house a local employee in a residential area, which complies with the zoning and Aspen Comprehensive Plan. ADU's are encouraged by City Council. This unit is being voluntarily provided. 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: This use is compatible with the other residential uses in the surrounding neighborhood including a large amount of affordable housing for the community. As it contained within the principal residence, the unit is not visible as a separate structure. 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: A studio or one bedroom accessory unit carries no parking requirement. The application indicates that each unit provides 4 spaces which is sufficient for the principal residence and the accessory unit. No other impacts other than that of the main residence should result. 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: All public facilities are all ready 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: As proposed, and in compliance with rental stipulations. 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: This use complies with the Aspen Area comprehensive Plan and any other applicable conditional use standards. NOTE: No F.A.R. bonus is granted to this parcel as the accessory dwelling unit is not 100% above grade. STAFF RECOMMENDATION: Planning recommends approval of this conditional use with the following condition: 1. The net livable square footage of the proposed studio accessory dwelling unit shall be verified by the Housing Authority prior to final approval. • 2. The accessory dwelling unit shall meet definition of "dwelling unit" as to a separately enterable, self- sufficient room or combination of rooms which contain a kitchen and bath facilities and which are designed for or used as a residence by a single family, independent of other families or guests. 3. Prior to issuance of any building permits for the accessory dwelling unit, Owner shall file an appropriate deed restriction with the Aspen /Pitkin County Housing Authority for approval. Upon approval by the Authority the Owner shall record the deed restriction with the Pitkin County Clerk and Recorder's Office. The deed restriction shall reflect that the shall meet the housing designee's guidelines for such units, meets the definition of Resident Occupied Unit, and be rented for periods of six (6) months or longer. The lease agreement for the units shall be approved by the Housing Authority to ascertain the six month provision is met and shall be executed by Owner prior to occupancy by any tenants. Attachment "A" - Floorplan and Elevation Sketches "B" - Referral Comments from Engineering and the Housing Authority jtkvj /schiff.memo , . • accessory unit .. REVIEW .. .. _._._.... . . ...._ .. ..„....,..-,...„ • ..-„-"...-0. . .. .. . #.:.„.....- . .4. •-,.*, ,-. --r., . - , . . . . ,.. . • - Or .- 0... , f ,... • . .4•••' "' • . 1 p ''', \ • ' Ce .. '.. . " - . il I' . 1 \ • 'H ....-., ■ - , 1 ti • , ., \ • No< • �\ • % or • \ k'l , \1/4 ' I I i i , N • -',.... 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't• 1 C,• 0 ''' i r ms;wi t, Uri ,I Itfilti ..'iliL in I I til I i I 1 1 r *jib" € v ,4; i A II4 , , • .,..., „Ar...r .9 4 -- '■ ,ver__ At. l I I , ... ,•••. - ,,,....„........• 0•-■ - ,,ntW,._... - .Thetri , ‘ a I Za.II ' i ai.V4sititi, - r.W...---.— ...Wei■f: - ." n .,....4i111 -:= , ' I ' . - - , ' 42. ( `C . . , r--Itn L; .- ---- - itx • Ex* ‘:..6.4. - D . , , AIM ,..e ,„..,..., t .-..._ le a - fa.ta ...,•(.... -" ' - k• ,e, rlt nb . I. ;Si ' ji2Wfr. _L,,i_KEyEW OWN HMI ES 211 & 215 MIDLAND AVENUE ASPEN CO. ATTACHMENT 1 LAND USE APPLICATION FORM 1.) PROJECT NAME: Lakeview Townhome Accessory Unit 2.) PROJECT LOCATION: 211 & 215 Midland Avenue, Aspen 3.) PRESENT ZONING: R -6 Duplex 4.) LOT SIZE: 10,381 sq.ft. 5.) APPLICANT'S NAME, ADDRESS & PHONE #: Theresa M. SQtJiff Midland Ave. Aspen, Co. 36 6.) REPRESENTATIVE'S NAME, ADDRESS & PHONE #: Roger N. Kerr, Architect g� Ave. Aspen, Co. 7.) TYPE OF APPLICATION: x Conditional Use Conceptual SPA Conceptual Historic Dev. Special Review Final SPA Final Historic Dev. 8040 Greenline Conceptual PUD Minor Historic Dev. Stream Margin Final PUD Historic Demolition Mountain View Plane Subdivision Historic Designation Condominiumization Text /Map Amendment GMQS Allotment Lot Split /Lot Line GMQS Exemption — Adjustment 8.) DESCRIPTION OF EXISTING USES (number and type of existing structures; approximateesq.ft.; number of bedrooms; any previous approvals granted A Dup]ex st ucture, two story over a basement with 2079 s.f. of floor area in each unit. Each unit has three bedrooms. 9.) DESCRIPTION OF DEVELOPMENT APPLICATION: The application is for permission to opnvert existing basement space into one accessory dwelling unit of 3/1 square feet. Access Light, ventilation and building construction will meet or exceed minimum code regul ati ons. 10.) THE FOLLOWING ARE ATTACHED: x Response to Attachment 2, Mininum Submission Contents x Response to Attachment 3, Specific Submission Contents x Response to Attachment 4, Review Standards for this Application Date: 10 May 1990 � d ��— ------ 2 )1 % I O O z � Do �a ■ �� Qk � 0 � C� 0 0 `., A AAti l /i C �� �lll ". F P ROJECT' &____ Ft SITE `t / IUgT`cRs qvE .... � O % \ ,, :„, , ....,.„,,. „ , . ` UTE -� , (V. ` CE = �_ ...\., • • kli\ 8 Deo `,7- 8200 7 4 . .'_ .. • �i c�i �1 M812 AI�`i bIt- [-DT 5 r a4- 5� bd1 viOtir�v�. ` Ai r& 1 . ROGER N. KERR ARCHITECT 40S PACIFIC 303/925.529 SUITE 0 ASPEN. COLORADO `- .4-: lan v N op ,i, 11 . Wilt „,, 4 II-% ' • e i . ., ..: i , 0 „rr " irafiti al el AIL lb” id tN . N ., C 8. eta, .• .• ..,, art . ,, i --^". ire __.% .•• \ oista2s (a. \I.4 0 10• t0 y ��- -' , to o Iqoo >efosoo v - V - 4 - I — -Crr H ACC IINIT STORAGE 372 Sr: r ' 1 ' 97 ) • U tDRY 11 0 L mechanical 2 CAR GARAGE LOWER LEVEL LAKEVIEW TOWN H ES UNIT A UNIT B Interior 561 s .tt. 585sq.lt. garage 529 485 10 May 1990 City of Aspen Planning and Zoning Commission 130 South Galena Aspen, Colorado 81611 Re: Accessory Unit, 211 & 215 Midland Ave., Aspen, Co. (Lot 5, Promontory Subdivision, Townsite of Aspen, Pitkin County, Colorado) As owner of the above property, I authorize: Roger N. Kerr, Architect 406 G Pacific Avenue Aspen, Colorado 81611 Tel. 303 925 -8289 to act on my behalf in the submission of a Development Application to the City of Aspen Planning and Zoning Commission related to this property. Sincerely, J 2 1 1 �� 1 1 / , Theresa M. Schiff 201 Midland Ave. Aspen, Colorado 81611 Tel: 303 925 -3669 roger kern and associates architects 406 - G pacific avenue aspen, co 81611 303 925 - B289 LAKESIDE MANOR ACCESSORY UNIT REVIEW STANDARDS 211 & 215 MIDLAND AVENUE ASPEN, COLORADO PROPOSED DEVELOPMENT The owner would like to provide an accessory unit in one of units of the existing duplex for either her mother to live in or as a caretaker unit. The building was just completed and both units are for sale. Once one of the units sells, the owner will be living in the other one and would remodel it to provide for the accessory unit. The use of the unit would conform to any restrictions required by the housing guidelines. EFFECT OF THE DEVELOPMENT The accessory unit will have minimum impact on the City and neighborhood while contributing to the goals and purposes of the Housing Programs recently initiated by the City. As a result, the Review Standards can all recieve positive responses, ie.: a.) Purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan and Intent of Zone District: Based on the work on the Aspen Area Comprehensive Plan, the City Council adopted Ordinance 47 which amends the Land Use Regulations. It addresses the long standing goals of providing dispersed housing opportunities and requires the addition of accessory units in certain situations. While this project is not required to provide an accessory unit, this proposal meets the intent of the purposes, goals, and objectives. The work on the Aspen Area Comprehensive Plan has led To the conclusion that an accessory unit is consistent with the intent of the R -6 Zone District and is a Conditional use that can be approved by Commission. Schiff Review Standards Page 1 b.) Consistent and Compatible with the character of the immediate vicinity of the parcel and surrounding land uses: the Promontory Subdivision where this project is located has been providing local housing and is one of the neighborhoods that is beginning to lose the housing for working residents to tourists and second home owners. To allow the proposed accessory unit will allow for the continuation of a working resident to live at this location. The high cost of land and construction will probably prevent a working resident from owning one of the duplex units that were recently constucted on this property. The adjacent land uses are residential, and the accessory unit will be compatible and minor in impact. c.) Visual and other impacts of the Conditional Use: the unit will be located within the existing building, so no bulk will be added. The occupant will not need a car because of the close proximity to downtown and bus routes. There is four parking spaces for each unit (two 2 -car garages plus 2 open spaces), so there is ample parking if the occupant does have a car. There is a central trash dumpster for use of the building. The impact of noise and odors should be minimal because of the low density and generous side and rear yards. d.) Demand on public facilities: the accessory unit will house an existing resident, so there will be no increase in demand on public facilities and services. Schiff Review Standards Page 2 e.) Suppling Affordable Housing for increased employees caused by the conditional use: No increase in employees will be caused by the accessory unit. f.) Compliance with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of Division 3: All guidelines for conditional use application have been followed and the accessory unit will meet all conditions and codes imposed on it. Consequently, I feel the proposed development is in keeping with the Review Standards for a Conditional Use approval. Submitted by, Roger N. Kerr, Architect Schiff Review Standards Page 3 \.- zi _L %- •., I!._, li , 1 II il 1 — 1 ;. 1 i 1 1 , , 1 i _ 1 / r , e dEs te‘ 0 1 II . _ I r A t 1 i ! 1 11 1 1 1 ! . 1 • I 11 1 ! 1 0 k , 4 --A. Z • 1 . I . 0 41 $ , 1 ,i , ■ , , ._ i .;, 1 _[ ! _ e : . . _ li i i , : • 1 ----") 1 1 ' -, 4 > , . II G h • 1 Lti / ILI [I! III- , I I . -' ■ .... 1 1 1 i I , LIJ I i i 1 1 1 s t 1 0 k ,I i 1— C I ', iih EL il Liptir 'I ,i , A eit '_3 1 • —I ----- — 1 r 1..Z .- t• \ 1 , IM —ass s 1 r I \ ' ' 1 r I ‘ W I l I go . ti,.. ‘„ c ... t \gd . , • , rri ni r : _____,. ILI -1. igW - 1 ' 19 1 • " r 1 i — Ill t-- ® — .. 1 I & , 4 — 1 ® t 0 . T1 ' ■ ' i ' I --7 1 , 1 , ": 1 , 7<.).__ -— • --- F ,---= 1 . I - :1 1 , ' :-..± , • L . i , - - fa 1 ■‘■ MEMORANDUM TO: Kin: ,7ohnson, planning FROM: Yvonne Sloeker, Rossini DATE: October 21, 1990 RE: Schiff Conditional Use Review Parcel ID # 2137-101-07-010&011 Cabe # A36 -90 prrras_ aaarrr :x_x_�xsu-.= � :- �nirw..9rac�r.�rn,.. «s = z�>wow•wrrar-= .:!� SUMMARY: Application for approval to convert an existing basement structure of 372 sq. ft. to a studio accessory dwelling unit. APPLICANT: Theresa M. Schiff APPLICANT'S REPRESENTATIVE: Rcger N. Kerr, Architect LOCATION: 211 And 215 Midland Avenue, Aspen, Colorado _ ZONING: R -6 • REQUEST: Applicant requests approval to convert an existing basement to a 372 sq. ft. studio accessory dwelling unit. The R -6 zone allows the development of accessory dwelling unit that meets the provision of Section 5 -506 which requires that accessory dwelling units shall net be subject to the minimum lot are per dwelling unit requirements of Art. 5, Div. 2, but shall be subject to all other dimensional requirements of the underlying zone district. Parking shall not be required t t be a st or one-bedroom unit, but one. ('1) parking on -site if the unit contains two (2) bedrooms and one (1) additional epace shall be required for each additional two (2) bedrooms in the unit. The accessory dwelling unit shall contain not less than 300 square feet of net livable area and be located within or attached to a principal resident.. It ,shall :meet the housing designee's guidelines for such units , neat the definition of a REsident Occupied Unit and be rented for periods of six months or longer. The owner of the principal residence shall have the right to place a qualified employee or employee of his cr her choosing in the Accessory Dwelling Unit. STAFF RECOMMENDATION: Housing recommends approval of the dwelling J unit based tthe space to accessory a6 Attachment "B" MEMORANDUM To: Kim Johnson, Planning Office From: Chuck Roth, City Engineer c Date: October 30, 1990 Re: Schiff Conditional Use Review Having reviewed the above referenced application, and having made a site inspection, the engineering department has the following comments: 1. This parcel may have been approved in 1979 for condominiumization. There is a plat on file at the County Clerk's office and one in the city engineering department, but it does not appear to be a bona fide plat with proper signatures, such as approval by city council. It is not clear that the condominiumization was correctly executed. It is not clear if the approvals are still valid. It appears that the applicant may need to obtain current approvals for condominiumization. It is not clear if the ownership subdivision disappeared because units were never sold or were repurchased under a single ownership. 2. The structure which is on the lot appears to be a completely new structure, with the structure which is shown on the plat probably demolished. 3. There appear to be various construction features which were built in the public right -of -way without a permit. (Building permits only apply to work performed on private property.) The driveways as constructed are not permitted under Section 19 -101 of the municipal code. If the applicant wishes to maintain the existing driveway configuration, an encroachment application license would have to be applied for and approved by city council. The curb and gutter was not permitted by the city. An additional concern is the preservation of pedestrian use portions the public right -of -way. The engineering department must see a drawing of all features as constructed within the public right - of -way, and any necessary remedial work must be performed or bonded against prior to any further approvals. 4. An additional item to watch for is encroachments. The original plat indicated unlicensed encroachments which would no longer be permitted. 5. It is not clear if the correct amount of off - street parking has been provided. cc: Bob Gish, Public Works Director CR /cr /m90.179 1. The net livable square footage of the proposed studio accessory dwelling unit shall he verified. by the Mousing Authority prior to final approval. 2. The accessory ds r unit n enterable, self-sufficient unit" or unit" a® tc a eala_atcl y le combination of roc= which contain a kitchen and bath facil and which ars desigrdd tor or used au a residence by a family, independent of other families c,:r gusste. 3. A deed restriction for accessory dwelling units shall be approved by the Horsing Authority and rded with cs of t ang County Clark and Recorders' Office p' for building pannita for the unit. The deed restriction shall reflect units, hmeetithah h housing definitionof ResidenteOc_cupied Unit s o , endberented for periods of six (6) months or the onget .r,gThe lease for the unite shall be approved by rior the six month provision is met and shall be executed. by Owner p to occupancy by any tenants. • Dv U �/ CITY OF ASPEN 9 a xe �j ,IDV U4vI PR4- APP CONFERENCE SUMMARY t i, PROJECT: //CC. D / - (.1 -(# ,� - / -, APPLICANT'S REPRESENTATIVE: A. O OO REPRESENTATIVE'S PHONE: 9�1 ((77q S' K / OWNER'S NAME: / -024 c 702 C' 3 h () 9 2 ` SUMMARY /J / �/� 1. Type of Application: c/ ,oI,cY 1ije - 1 D4' . �/26c ifti's'"'ea 2. Describe action /type of development being requested: i ' i. 9u... '. 11...•% ' '1' 1114.: / / /L i. t , a dba QA -a-ON , 4,, p,a. A9-6 3. Areas is which Applicant has been requested to respond, types of reports requested: Policy Area/ Referral Agent Comments Apt /I - A. / -I • 4. Review is: fP &Z Onl (CC Only) (P &Z then to CC) 5. Public Hearing: 41111W (NO) 6. Number of copies of the application to be submitted: T 7. What fee was applicant requested to submit: Fel k e 8. Anticipated date of submission: 9. COMMENTS /UNIQUE CONCERNS: frm.pre_app NOTICE TO ADJACENT PROPERTY OWNERS RE: SCHIFF CONDITIONAL USE REVIEW FOR AN ACCESSORY DWELLING UNIT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, November 20, 1990 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 Roger Kerr for Theresa Schiff requesting Conditional Use Review approval for a 372 sq. ft. accessory dwelling unit to be constructed within an existing duplex located at 211 & 215 Midland Avenue, more specifically described as Lot 5, Promontory Subdivision, Aspen, CO For further information, contact the Aspen /Pitkin Planning Office, 130 S. Galena St., Aspen, CO 920 -5090. s /C. Welton Anderson, Chairman Planning and Zoning Commission 4 NOTICE TO ADJACENT PROPERTY OWNERS RE: SCHIFF CONDITIONAL USE REVIEW FOR AN ACCESSORY DWE7LTNG UNIT NOTICE IS HEREBY GIVEN that a public hearing will be held on • Tuesday, November 20, 1990 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 Roger Kerr for Theresa Schiff requesting Conditional Use Review approval for a 372 sq. ft. accessory dwelling unit to be constructed within an existing duplex located at 211 & 215 Midland Avenue, more specifically described as Lot 5, Promontory Subdivision, Aspen, CO For further information, contact the Aspen /Pitkin Planning Office, 130 S. Galena St., Aspen, CO 920 -5090. s /C. Welton Anderson. Chairman Planning and Zoning Commission (72 nti /GCS ? fit 6 • C-- 6 71 L- 776 NW` -9 Pct. • PITKIN COUNTY TITLE, Inc. • Title Insurance Company Vincent J. Higgins 601 E. Hopkins, Aspen, Colorado 01611 Christina M. Davis President (303) 925-1766 • (303) 925 -6527 FAX Vice President ADJACENT OWNER'S STATEMENT Pitkin Cnuntp Title, Inc., a duly licensed Title Insurance Agent in the State of Colorado heWeby certifies the following list is a current liet of adjacent property owner's within three hundred feet of the subject property set forth on Schedule "A" attached hereto and made a part hereof, as obtained from the most current Pitkin County Assessors Tax Rolls. NAME AND ADDRESS BRIEF LEGAL DESCRIPTION SCUFF, THERESA M. RUBBERY SUBJECT PROPERTY 6416 VENINOR AVENUE LOT 7, BLOCK 1, PROMONTORY SUBDIVISION VENTNOR, NJ 08406 ASPEGREN,:MARTHA M. PART OF JOTS 6 & 9, PROMONTORY SUBDIVISION 1803 CALLE DE LOS ALAMOS LEMENTE,.CA 92672 HEATER, STEPHEN A. PART OF LOTS 7 & 8, BLOCK 1, PRCMDNTORY 301 SOUTH MIDLAND ASPEN, CO 81611 • BENNETT, NEIL J, PART OF LOT 6, PROMONTORY SUBDIVISION PO .BOX 9937 ASPEN, CO 81811 BIRENBAUM, ROBERT L. LOT 1, PROMONTORY SUBDIVISION BIRENBAUM DEENA 728 EAST HOPKINS AVENUE ASPEN, CO 81611 THRASHER, EDWARD L. JR LOT 2, PROMONTORY SUBDIVISION PO BOX 7974 ASPEN, CO 81612 LEDDY, THOMAS A. LOT 3, PROMONTORY SUBDIVISION COOPER, LESLIE T. 1211-EAST HOPKINS AVENUE ASPEN, CO 81611 WANG, EDWARD D. LOT 4, PROMONTORY SUBDIVISION WANG, KARINA M. 666 DREXEL AVENUE GLENCOE, IL 60022 From : FINN CONST. INC. (303) -920 -3277 Nov.09.1990 02:28 PM P01 --� . PITKIN COUNTY TITLE, Inc. Title Insurance Company Vincent J. I ligens 601 E. Hopkins, Aspen, Colorado 81611 Christina M. Davis President (303) 9251766 • (303) 925 -6527 FAX Vice President h1�f, Terr KLINEIEMPST—PAUL-MANIC UNIT 1, PROMONTORY CONDOMINIUMS MbEWNWeriPANEnkitr 265 MIDLAND AVENUE ASPEN, CO 81611 PROMONTORY JKIIEO4d4ERS ASSOCIATION COM'40N AREA (NO ADDRESS AVAILABLE) PROMONTORY CONDOMINIUM ASSOCIATION CCM40N AREA (NO ADDRESS AVAILABLE) \ ECI VENTURE I. LOT 2, INDEPENDENCE SUBDIVISION A JOINT VENTURE C/0 EraINO COMPANIES, INC. 0301, 1035 PEARL STREET BOULDER, CO 80302 MITCHELL, ELSA R. LOT 3, BLOCK 1, INDEPENDENCE SUBDIVISION PO BOX 2492 ASPEN, CO 81612 CRYSTAL PALACE CORPORATION LOTS 4A & 6A, INDEPENDENCE 02 SUBDIVISION PO BOX 32 ASPEN, CO 81612 \ JOHNSON, PAUL N. LOTS 9 - 11 AND PART OF LOT 12, BLOCK 2, JOHNSON, DELORES I. RIVERSIDE ADDITION PO BOX 99 ASPEN, CO 81612 ELA, CHARLES S. PART OF LOT 12 & ALL OF LOTS 13 & 14, BLACK 2 PO BOX 14 RIVERSIDE ADDITION ASPEN, CO 81612 \ SNELL, NANCY L. LOTS 15 - 17, BLOCK 2, RIVERSIDE ADDITION PO BOX 879 ASPEN, CO 81612 KALTENROCK, ERNEST LOT 1, JUKATI SUBDIVISION 1612 WOODBINE IIEIa1TTS BLVD. TORONTO, ONTARIO, CANADA M483A4 \ STOUR, SALLY H. LOT 2, JUKATI SUBDIVISION PO BOX 4050 CHRISTIANSTED SAINT CROIX, USVI 00820 From: FINN CONST. INC. (303) -920 -3277 Nov.09.1990 02:28 PM P02 ,J. 0 y PITT <IN COUNTY TITLE, Inc. lItIe Insurance Company Vincent J. Hlgens 601 E. Hopkins, Aspen, Colorado 81611 Christina M. Davis President (303) 925.1766 • (303) 925 -6527 FAX Vice President JUKATI HOMEOWNERS ASSOCIATION COPINON AREA (140 ADDRESS AVAILABLE) • `\ SNYDER, JOHN J. METES — BOUNDS \ SNYDER,. KATHRYN S. 210 MIDLAND AVENUE ASPEN, CO 81612 ADAIR, ARIA P. JR. LOTS 1 & 2, BLOCK 7, RIVERSIDE ADDITION 1510 EAST BATES AVENUE ENGLEWODD, CO 80110 TERRAL, W. TIMOTTIY 101, LOT 2, MARGARET MEADOWS CONDOMINIUMS PO BOX 3595 ASPEN, CO 81612 RENCHARD, JEANIE A. 102, LOT 2, MARGARET MEADOWS CONDOMINIUMS UND. 1/2 INf. PO BOX 9296 ASPEN, CO 81612 PARKE, GEORGE F. LOT 1, MARGARET MEADOWS SUBDIVISION PARKE, MARGARET L. 10/177115. PARKE, WILLIAM GEORGE 7 /17THS. PO BOX 3307 ASPEN, CO 81612 \ MARSHALL, THOMAS MCOILVRAY LOT 1, BLOCK 5, RIVERSIDE ADDITION 300 RIVERSIDE AVENUE ASPEN, CO 81611 N. SPECK, KARIN C. METES — BOUNDS PO BOX 9912 ASPEN, CO 81612 \ BOUTON, GARRETT F. METES — BOUNDS BOUTON, DIANA D. 314 RIVERSIDE DRIVE ASPEN, CO 81611 \ ?BRIAN, GERARD H. METES — BOUNDS 1009 VIVIAN CIRCLE BULDER, CO 80303 THE LINDA J. PRICE TRUST LOTS 8 & 7, BLOCK 6, RIVERSIDE ADDITION C/0 HAROLD Pc ICE, TRUSTEE SUITE 777 1901 AVENUE OF THE STARS LOS ANGELES, Ch 90067 r rom r r rvN 1NL. tSOL - yae - _a r e Nov. 09. 1990 02:28 PM P03 • - '1` PITKIN COUNTY TITLE, Inc. TItIo Insuranco Company hiislina M. Davis Vincent J. I- ligens 601 E. Hopkins, Aspen, Colorado 81611 C Vice Pres.da v President (303) 9251766 • (303) 925 -6527 FAX \. POLLOCK, PERRY A. LOTS 8 & 9, BLOCK 6, RIVERSIDE ADDITION PO BOX 950 ASPEN, CO 81612 SULLIVAN, MRS. CON ESTATE OF LOTS 17 & 18, BLOCK 6, RIVERSIDE ADDITION 12486 VIEWCREST ROAD STUDIO CITY, CA 91604 ROCKY MOUNTAIN NATURAL GAS COMPANY, ME DB ADDITION INC. • ATTN: MR. ORVILLE M. SHOCKLEY, SEC.—TREAS. 12055 W. 2ND PL. PO BOX 15265 DENVER, CO 80215 MERRILL, DORIS PETERSON PART OF LOT 12 AND ALL OF LOTS 13 & 14, BLOCK 6, \, 345 PARK AVENUE RIVERSIDE ADDITION ASPEN, CO 81611 f\ JOHNSON, PRANK E. LOTS 10 & 11, BLACK 6, RIVERSDIE ADDITION TRUSTEE FOR JOYCE JOHNSON TRUST PO BOX 302 NORWOOD, 00 81423 \ CRAIG, MICHAEL ALAN UNIT B, SMUGGLER LOOP CONDOMINIUMS CRAIG, GAIL M. 6519 SEASIDE WALK LONG BEACH, CA 90803 STEPHENS, KENT UNIT A, SMUGGLER LOOP CONDOMINIUMS 1195 EAST COOPER AVENUE ASPEN, CO 81611 SANDLER, ELLEN LOT A, OF LOT 4 SPLIT FERGUSON EXEMPTION 121 WILLOW ROAD SUBDIVISION WOODMERE, NY 11598 MICHALOWSKI, DOUGLAS 0. LOT B, OF LOT 4 SPLIT FERGUSON MONITION MICHALOWSKI, EUGENE M. SUBDIVISON 1240 EAST COOPER AVENUE ASPEN, CO 81611 From : FINN CONST. INC. (303)- 920 -3277 Nov.ey.i77u Uc•ca n, . • , � • . PITKIN COUNTY TITLE, Inc. Title Insurance Company Vincent J. tilgens 601 E. Hopkins, Aspen, Colorado 81611 ChrislIna M. Davis President (303) 925.1766 • (303) 925.6527 FAX Vico President LOMA ALTA CORPORATION LOT 1, FERGUSON EXEMPTION SUBDIVISION LARY F. FERGUSON 6210 NORTH CENTRAL EXPRESSWAY DALLAS, TX 75206 ROBINSON, JACK A. LOT 2, FERGUSON EXEMPTION SUBDIVISION FtOBINSON, AVIVA TRUSTEES UNDER TRUST AUT. 1589 KIRKWAY BLOOMFIELD HILLS, MICHIGAN 48013 BY: aut :rized signature • • NOTICE TO ADJACENT PROPERTY OWNERS RE: SCHIFF CONDITIONAL USE REVIEW FOR AN ACCESSORY DWELLING UNIT NOTICE IS HEREBY GIVEN that a public hearing will be held on • Tuesday, November 20, 1990 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 Roger Kerr for Theresa Schiff requesting Conditional Use Review approval for a 372 sq. ft. accessory dwelling unit to be constructed within an existing duplex located at 211 & 215 Midland Avenue, more specifically described as Lot 5, Promontory Subdivision, Aspen, CO For further information, contact the Aspen /Pitkin Planning Office, 130 S. Galena St., Aspen, CO 920 -5090. s /C. Welton Anderson, Chairman Planning and Zoning Commission • .ry • NOTICE TO ADJACENT PROPERTY OWNERS RE: SCHIFF CONDITIONAL USE REVIEW FOR AN ACCESSORY DWELLING UNIT NOTICE IS HEREBY GIVEN that a public hearing will be held on • Tuesday, November 20, 1990 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 Roger Kerr for Theresa Schiff requesting Conditional Use Review approval for a 372 sq. ft. accessory dwelling unit to be constructed within an existing duplex located at 211 & 215 Midland Avenue, more specifically described as Lot 5, Promontory Subdivision, Aspen, CO For further information, contact the Aspen /Pitkin Planning Office, 130 S. Galena St., Aspen, CO 920 -5090. s /C. Welton Anderson, Chairman Planning and Zoning Commission We feel that there should be parking accommdations for this unit since parking on Midland at this address now is so congested that a fire truck could not pass if there was an emergency in the area. • ASPEN /PITKIN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (303) 920 -5090 October 2, 1990 Roger Kerr, Architect 406 G Pacific Avenue Aspen, Colorado 81611 Re: Schiff Conditional Use Review Dear Roger, 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 by the Aspen Planning and Zoning Commission at a public hearing on Tuesday, November 20, 1990 at a meeting to begin at 4:30 p.m.. 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 notice 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 `71L S, /d /c2/90 1 4 1 •F. ..,, , , , i II I 4... 3 7 . 1 U I 1 � ...: 1 Y it i 'I!I� ,. ��i - r ,! II � I' II , i o • • i • II j * -4 -I ' M i I r --- I . 1� i _ qt c0 N� III — I Z J W I • 1 i I W ' 1 c a 1 N —j � j H _, = I : I / i 0 _ !I >y I III I . .1.--Q IC�( 1 i I I I ? II I I I I 1 / 1-/ / F /' T ASPEN /PITKIN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (303) 920 -5090 June 25, 1990 Roger Kerr, Architect 406 G Pacific Avenue Aspen, CO 81611 RE: Schiff Conditional Use for an Accessory Dwelling Unit Dear Roger, This is to inform you that the Planning Office has completed its preliminary review of the captioned application. We have determined that your application is not complete. We are unable to schedule it for review at this time. The following is a list of the items we require to complete the application: 1. 3 additional sets of plans for referral agencies. 2. An elevation of the west side of the house. Roger, we will be able to schedule this on the August 7th Planning Commission meeting if you are able to submit this information within one week. If you have any questions please call Kim Johnson, the Planner assigned to this case. Thank you. Sincerely, Debbie Skehan Administrative Assistant ds c $ 1 LAW OFFICES BROOKE A. PETERSON A PROFESSIONAL CORPORATION 315 EAST HYMAN AVENUE ASPEN. COLORADO 81611 13031 925 -8166 TELEFAX 13031 925 -1090 June 12, 1990 To Whom It May Concern: Please allow this letter to serve as the certification required by the Land Use Code of the City of Aspen, from the undersigned, an attorney duly licensed to practice law in the State of Colorado, that based upon my review of the records of Pitkin County, Colorado, through June 10, 1990, Theresa M. Schiff is the owner in fee simple of Units 1 and 2, The Promontory Condominiums (also known as The Lakeview Townhomes), and that the same are subject to the following liens, encumbrances, and easements: (1) Deed of Trust for the benefit of Bank of Aspen securing a Promissory Note in the principal amount of Six Hundred Thousand Dollars ($600,000.00) recorded in Book 605 at Page 58 of the records of Pitkin County, Colorado. (2) Lien for the benefit of Aspen Quality Painting in the amount of approximately Eighteen Thousand Dollars ($18,000.00), presently in dispute, recorded in Book 614 at Page 403 of the records of Pitkin County, Colorado. (3) Contract in favor of Holy Cross Electric Association for power lines recorded in Book 610 at Page 91 of the records of Pitkin County, Colorado. As the owner of the Property, Ms. Schiff is entitled to make the proposed Development Application. Should you need any further information, please do not hesitate to contact me. Yours very truly, BROOKE A. PETERSON, P.C. A Professional Corporation J By: � � Ir. Brooke A. Peterson I I, Ja ARBITRATION TRIBUNALS of the AMERICAN ARBITRATION ASSOCIATION In the Matter of the Arbitration between No. 77 110 0021 91 WALTERS COMPANY and Subpoena Duces Tecum THERESA M. HUBBERT SCHIFF; a /k /a (Documents) THERESA M. SCHIFF • THE PEOPLE OP THE STATE OF COLORADO To: CHUCK ROTH, — City Engineer • • 130 S. Galena St. Aspen, CO 81611 920 -5080 GREETING: • • WE COMMAND YOU, that all business and excuses being laid aside, you and each of you appear and attend before ROBERT C. CUTTER , Arbitrator(s) acting under the Arbitration Law of this State, at the American Arbitration Association, offices of Schenk, Kerst & deWinter, 302 8th St., Suite 310, Glenwood Springs, CO (address) on the 13th day of December 19 91 at 8:30 a.mo 'cleck to testify and give evidence iu a certain :Arbitration, then and there to be held between the above entitled parties, and that you bring with you and produce certain Your file on the Schiff duplex, Aspen, Colorado, regarding the encroachment problems, and the 12/11/90 letter to Terri Schiff. now in your custody. �. ' %: Requested by: William J. deWinter 115 723 Signed :.: ..� Schenk, Kerst & deWinter Robert C. utter William J. deWinter 115723 5igned :........... ___ • • Name if Attorney rhirtatort 302 8th Street,Suite 3 Glenwood Springs, CO 81601 Add reu \ 945- 244 _ .......... ................ ... .� / Tciceennc Dated: FOXN AAA•C -10 L EC - a -8 1 F R I 1 E : 1 4 ENA F:TE CH I NC . F__ 0 1 SCHENK, KF ST & de n N ER NE o � ATTORYS AT L►W <I F� cflh1 kL W 8 D 44 SU[PE 316.302 EIGHTH MEET I601 k . • lQ _`t ". atENWOODsn tO1.COLOLADt 'GD! C TELEPHONE: 6 ) 945-2441 � = . Tom, 003) 945.797 ANN R. SCRE4R DAN WILLIAM I. &WWitt, m . TELECOPIER TRAN SMISSION NOTE Date: 'C- - S Number of Pages (including this cover sheet): • TO: 9 .3 0 a 579 �aSkaase TELECOPIER NUMBER: Arik1 FROM: — / ' ' aPJ TELECOPIER NUMBER: (303) 945 -2977 Regarding: • ' / A IN CASE OF A PROBLEM, CALL BARBARA at (303) 945 -2447. If checked, please call to confirm receipt of documents. ADDITIONAL INSTRUCTIONS /COMMENTS: SGD„f E NC acJAI44P4 f - .Z.0.rtS- C / L14 1i 4 5 DEC— a — f' 1 FF: I 1 1T ENARTECN I NC- ._. P • 02 ' SET PBC LS /6842 0 -. ` �J V� III � J , I L3/43/43/43/43/43/43/43/4. imitziztit .a .... fl CZ. ) . PI 0 ti z 4 N. o L 5.00 FOOT WIDE UT/LIT GAS fLW ^+^��� 20/ 1 /oop a 215 L. LT�- 201 ELECTRIC 5W171:11 21 , 2/5 STATION . CABLE T. V. TELEPHONE UNDERGROUND PET RESTRAINT Sy$7TM • monsters FENCINGI AT PAGE EASEAfENT RECITED IN B001� • r .. • DEC - P• -'1 FR: I 10 :21 E N H R. TECH INC- _ — P - ©S - - /it 1 X AcalS £A9 M 1Ue0 • N7s•0 ww BooA' Ise, FASe 39 /1 err 4+r 1/.5.87,4 m'hr r / ' 3 .� ro O Irv! /°e" MG 10 b. l CaNCRIF AR/v£WAr , \\frif PS 4 4.0 SAT r . ALIILsOX post k 0 , hi h . tire Q n W i o � o 4c itil/ 11. .1;t 0 1 �cowcREP£ ornvrVAY i WAR • 0 . 41111 posy SCALE 1 " =14' C'"anx JAMES SEXTON N7s• ` e1510 1. 0 1512 rota tom- SURSTY7NG `, Grand Avenue -- Suite 410.6 /a.. to. y Glenwood Springs, CO 81801 303 -945 -4700 E C - 6 - 9 1 F R I 18:26. 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