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Home My WebLink AboutLand Use Case.340 Lake Ave.0038.2012.ASLU0038.2012.ASLU ue ~~ 90 Late Auf 2735 12 12 8002 RESIDENTIAL DESIGN STANDARDS VARIANCES & SUBDIVISION AMENDMENT FOR LOT 2 OF THE HUME LOT SPLIT 11 f --ful d i'**'J'343 k 7 ta il:/4. THE CITY oF ASPEN City of Aspen Community Development Department CASE NUMBER 0038.2012.ASLU PARCEL ID NUMBERS 2735 12 12 8002 PROJECTS ADDRESS 0 LAKE AVE ASPEN PLANNER JESSICA GARROW CASE DESCRIPTION LOT 2 HUME LOT SPLIT REPRESENTATIVE ELLEN HUNT DATE OF FINAL ACTION 10.5.12 CLOSED BY ANGELA SCOREY ON: 2.11.13 DEVELOPMENT ORDER ofthe City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a five-year vested property right. The vested property right shall expire on the day after the fifth anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. EPF Holdings, LP, PO Box 8770, Aspen, CO 81612, (970)925-8838. Property Owner's Name, Mailing Address and telephone number LOT 2, HUME LOT SPLIT, CITY OF ASPEN, COUNTY OF PITKIN. STATE OF COLORADO, Parcel ID 2735-121-280-02 Legal Description and Street Address of Subject Property The applicant has received administrative approval for three residential Design Standards - Secondary Mass, Entry Porch, and Entry Door. Written Description of the Site Specific Plan and/or Attachment Describing Plan Administrative Approval on September 17 2012. Land Use Approvaks) Received and Dates (Attach Final Ordinances or Resolutions) September 20,2012 Effective Date of Development Order (Same as date of publication of notice of approval.) September 20,2015 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued tDis 17th day of September, 2012, by the City of Aspen Community Development Director. **2 Chris Bendon, Community Development Director 46 tr.0 9. AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: .0 7" --jr A -epavA Aspen, CO STATE OF COLORADO ) ) SS. County of Pitkin ) I, jiLA ~'~- 96 - 1 (name, please print) being or representing aK Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (IE) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official Paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. Signature The foregoing "Affidavit of Notice" was acknowledged before me this 20-day of .Se~:7 K , 202, by ,4,,1 e~ 64:1 56Â£2 c.,e--6-1 WITNESS MY HAND AND OFFICIAL SEAL i ------------- 20~~~~ My com~ission expires: 1Â»019 PUBUQ-NQI-!CE /[ Alk, NÂ©(St/V) /SEh Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the I e approval of a site specific development plan, and the creation of a vested property right pursuant to I Notary Public : #4Â·b TA,?i::.&$~ the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertain- 1 ing to the following described property: Lot 2, I Hume Lot Split, Parcel ID 2735-121-280-02, by I Residential Design Standard Variances for Sec- . ondary Mass, Front Door, and Front Porch, ap proved administratively by the Community Devel- I opment Director, and Subdivision Amendment to ATTACHMENTS: ~ Ordinance 15, Series of 1992 to amend the afford- I COPY OF THE PUBLICATION able housing mitigation requirements to utilize to- .......--ff, day's land use code rather than the 1992 code, ap- I B op CO\P %>20~2Â·fy proved by the Aspen City Council in Ordinance 21, I Series of 2012. For further information contact Jessica Garrow, at the City of Aspen Community Development Dept. 130 S. Galena St, Aspen, Colo- ~ rado (970) 429-2780. My Commission Expires 09/25/2013 si City of Aspen Publish in The Aspen Times Weekly on September ~ 20th, 2012. [8399704] RECEPTION#: 592857,10 012 at 08:51:12 AM, 1 OF 3, R $21.00 Doc Code APPROVAL Janice K. Vos Caudill, Pitkin County, CO NOTICE OF APPROVAL For Three Residential Design Standard Variances for Lot 2 of the Hume Lot Split, Aspen, CO Parcel ID No. 2735-121-280-02 APPLICANT: EFH Holdings, LP REPRESENTATIVE: Alan Richman, Richman Associates SUBJECT & SITE OF AMENDMENT: Residential Design Standard Variances for Lot 2 of the Hume Lot Split, involving the relocation of a L'Auberge Cabin on the site. SUMMARY: The Applicant has requested three (3) Residential Design Standard Variances related to relocating a L'Auberge Cabin on the property. The cabin will function as a new single-family home. Up to three variances can be granted administratively The applicant is requesting a variance to the following code sections: "All new single-family and duplex structures shall locate at least ten percent (10%) of their total square footage above grade in a mass which is completely detached from the principal building or linked to it by a subordinate linking element. This standard shall only apply to parcels within the Aspen infill area pursuant to Subsection 26.410.010.B.2. Accessory buildings such as garages, sheds and accessory dwelling units are examples of appropriate uses for the secondary mass. " (Section 26.410.040. B. 1, Secondary Mass) "The entry door shall face the street and be no more than ten (10) feet back from the front-most wall of the building. Entry doors shall not be taller than eight (8) feet." (Section 26.410.040.D. 1.a, Entry Door) "A covered entry porch offifty (50) or more squarefeet, with a minimum depth of six (6') feet, shall be part ofthefront facade. Entry porches and canopies shallnot be more than one (1) storyinheight." (Section 26.410.040. D. 1.b, Entry Porch) STAFF EVALUATION: Staff supports the proposed variances for Lot 2 of the Hume Lot Split. The applicant is proposing to relocate a L'Auberge Cabin from the old L'Auberge Hotel on Main Street to the site. The cabin is approximately 320 square feet, and the applicant is interested in placing it on their Lot in the same manner it existed on Main Street. This is being done in an effort to have some relationship with its former use and location. While the city supports retaining the cabin within City limits and supports the siting to reference the former location, it is not considered a historic building. Pagell Staff finds that the variances are appropriate based on the neighborhood context. 1 his is a relatively small, one-story building that will contribute to the pedestrian nature and scale of the neighborhood. In addition, because the applicant is re-using an existing building from 50 years ago, it does not meet today's residential design standards. In fact, if the applicant were to try and meet all of the above standards, it would require other design variances. Staff finds the standard to grant administrative variances are met. DECISION: The Community Development Director finds the Residential Design Standard Variance remodel the home as noted above and on Exhibit 'A' to be consistent with the review criteria (Exhibit B) and thereby, APPROVES the variance as specified below. This approval for Lot 2 of the Hume lot Split, allows for the relocation of a L'Auberge cabin on the site with Residential Design Variances from Secondary Mass, Entry Door, and Entry Porch, as depicted in Exhibit A. APPROVED BY: 5* 9 /7- 242 Chris Bendon Date Community Development Director Attachments: Exhibit A - Approved Plans (izecowled) Exhibit B - Review Standards C NOT Bet-DR.(ted~ Page 12 E bltkt Cipprl)ved eltvatiovis, 4ans '1 4 \41 - r \1 1 .'/1 1 '8 %\\ In=--1 \\\ 1 2 ~ ~ ~r. ~L> , ' EmEGE=3 1 1 1 ... . L 1 1 44 Uh 6 ',L_.3 m 1 .---- 1 91 11 612 1 W U ' 16 : 3 1 17,6, Fienks CUMan_Cons,tfuctal Inc. 5 1 Cabin 12, L'auberge 1 7,01/4-73 UD 1 Aspen CO 81012 m Aspen CO 816 11 ~ ( 970) 948-7457 dcrtal[,s@live,com 15/23 jo03 glbulqg Jepoo GUOINAg 113 Exhibit B Review Criteria and Staff Findings Residential Design Standards Variance: See. 26.410.020.D Administrative Variance, if granted, would: 1. Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. The proposed variance is minimal in nature and will not negatively impact the surrounding context on the site. Staff finds the proposal is consistent with the existing context. 1, Be clearly necessary for reasons offairness related to unusual site-specific constraints There are no site specific constraints that would require a variance. Staff finds this criterion is not applicable. Page 13 Jess 1 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: Let 1 Aol- sfck , Aspen, CO SCHEDULED PUBLIC HEARING DATE: r'tonhS 500- to 2 6:07 41 '2012 STATE OF COLORADO ) ) SS. County of Pitkin ) I. (name, please print) Avwreth Sc - being or represdnting an Applicant to th~ City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 , (E) of the Aspen Land Use Code in the following manner: 7~Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the day of , 20 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date o f the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (Continued on next page) , Rezoning or text amendment: Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners o f real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. 11 5- Signat~re The foregoing "Affidavit ofNotice" was acknowledged before me this 24'day of AZAtiACK , 201* by .An,14,n. Sa.-Â·--z--3 WITNESS MY HAND AND OFFICIAL SEAL My commission expires: 2 1 1 611 lo i ' ~ -, flttegi- Notary Fublic ATTACHMENTS AS APPLICABLE: * COPY OF THE PUBLICATION * PHOTOGRAPH OF THE POSTED NOTICE (SIGN) * LIST OF THE OWNERS AND GOVERNMENT AGENGIES NOTIED BY MAIL * APPLICANT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. Â§24-65.5-103.3 cl .066:.e~Â£1% U' C J O . EO :r .- .r- 20%6&919â€¢+591:sidÂ·0 2%*Ii :flif~Miti 30% :91 5 01113:1# m:&55% Es=EZ:.:SS...&: 2 4%362:8-iii.*4141Â¢.1 aâ€¢~228828:Â®c=BEa:cc 18 282 ESSER@22,2652Â§13:52% 020 29< 1 *24*mimij /1 m A &i MA->1*-3339-933'?1 - LILL- ~ ~ }snSnÂ¥ uo Al>lee,A sew!.1 ued 212@WQ-NQI!GE M 5a?CJN~i ~ Joâ€¢A iriginaze Trim Inese areas incluue, ou[ are nor wited to, the uoper Gunnison River, East Fork Ver. Taylor River SI-,4 River, Ohio Creek, h,i...:hi Creek, Cochetopa L:sek, Cebolla Creek, ind Lake Fork of the Gunnison River.' -he expected duration of operations is November 5 through - April 15 each year. Safeguards are in ,lace to limit weather modification opeations by laily monitoring of suspension criteria r,ated to nowpack snow water equivalent, avalanche iazard levels, and National Weather Service ;evere weather statements. The CWCB coordi- lates with permitted projects to ensure that opera- ions are being conducted judiciously to minimize tar'tger to the land, health. safety, people, property md the environment on behalf of the citizens of Dolorado. NAWC previously held two sequential ive year permits for a cloud seeding program in his area. As a consequence, Colorado Statutes ind Rules and Regulations allow for an application or either a five or ten year permit. NAWC has ap- )lied for a ten year permit. -he intended effect of the weather modification op- irations is to increase precipitation/snowpack wa- er content in the Primary Target Area to benefit. YÂ»_3 1>'tolig-4 ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: Lok 1 \L vÂ·,t let 4 63 , Aspen, CO SCHEDULED PUBLIC HEARING DATE: â‚¬ NWAV- T lo , 201121 STATE OF COLORADO ) ) SS. County of Pitkin ) (name, please print) 1, being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: J Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. J Posting ofnotice: By posting o f notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the 1 Y day of Avt-,A , 20.-iE, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the- information described iii Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision . o f this Title, or whenever the text o f this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners o f real property in the area o f the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. 4-(- 1 29 Sigrdture The foregoing "Affidavit o f Notice" was acknowledged before me this '214%:lay of Au~ t , 20011, by Man Rickman WITNESS MY HAND AND OFFICIAL SEAL My commission expires: 0-1~2-5 ~20 IG :5 52 Notary Public .r CHRISTINE 'i ~SOSONKO / f OP cour My Commission Expires 0725/2015 ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL ....... PUBLIC NOTICE RE: Lot 2, Hume Lot Split - Lot Split Amendment NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday September 10, 2012, at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by the EFH Holdings, LP, PO Box 8770, Aspen, CO 81612, represented by Alan Richman Planning Services. The applicant is requesting an amendment to the affordable housing mitigation requirements outlined in their 1992 Lot Split Approval via Ordinance 15, Series of 1992. The requested amendment would allow the applicant to utilize the code in effect today as it relates to affordable housing mitigation. The applicant is requesting the following land use reviews from City Council: Subdivision Amendment. For further information, contact Jessica Garrow at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429- 2780, jessica.garrow@ci.aspen.co.us. s/Michael Ireland, Mayor Aspen City Council Published in the Aspen Times on August 23,2012 City of Aspen Account 320 ASPEN LLC 335 LAKE AVE LLC AML I NVESTMENT 11 LLC 601 E HYMAN AVE 715 W MAIN ST#101 430 PARKSON RD ASPEN, CO 81611 ASPEN, CO 81611 HENDERSON, NV 89015 ASPEN CENTER FOR ENVIRONMENTAL BART QUAL PER RES TRST BELL 26 LLC STUDIES 909 POYDRAS ST 20TH FL PO BOX 1860 100 PUPPY SMITH ST NEW ORLEANS, LA 70112 BENTONVILLE, AR 72712 ASPEN, CO 81611 BERGER BRUCE C 2011 QPRT #1 50% CRAIG CAROL G E A ALTEMUS PARTNERSHIP LLLP BERGER BARBARA 2011 QPRT #1 50% PO BOX 18 PO BOX 5000 600 E HOPKINS AVE #202 WOODY CREEK, CO 81656 ASPEN, CO 81612 ASPEN, CO 81611 FAUQUET LLC GILLESPIE LLC GREENBERG ASPEN LP 50% 1033 SKOKIE BLVD #600 191 N WACKER DR #1800 #3 BRENTMOOR NORTHBROOK, IL 60062 CHICAGO, IL 60606 ST LOUIS, MO 63105 GREENBERG RONALD K TRUSTEE 50% HUNT ELLEN 12.8066% KREPACK FAMILY TRUST 3540 WASHINGTON PO BOX 8770 817 N ROXBURY DR ST LOUIS, MO 63103 ASPEN, CO 81612 BEVERLY HILLS, CA 90210 LEYDECKER SUZANNE LYNNE LUBAR SHELDON B & MARIANNE S MUSTANG HOLDINGS LLC 710 N THIRD ST UNIT A 700 N WATER ST #1200 3131 S VAUGHN WY #301 ASPEN, CO 81611 MILWAUKEE, WI 53202-4206 AURORA, CO 80014 OAK LODGE LLC 87.1934% NITZE WILLIAM A PERROS DIMITRI & DIANE C/O WILLIAM O HUNT 1537 28TH ST NW 79 LOCUST RD PO BOX 7951 WASHINGTON, DC 20007 WINNETKA, IL 60093 ASPEN, CO 81612 RANDALL EDWARD 111 50% RANDALL ELLEN MIDDLETON TRUST PINES DAVID & ARONELLE S TRST FIVE POST OAK PARK #2580 50% PO BOX 576 4400 POST OAK PKWY 600 JEFFERSON STE #350 TESUQUE, NM 87574 HOUSTON, TX 77027 HOUSTON, TX 77002 RICHARDS ANN K RIVERSIDE AVENUE LLC WESNER BLAINE F & ALEXA 1537 28TH ST NW 410 LAKE AVE 900 LIVE OAK CIR WASHINGTON, DC 20007 ASPEN, CO 81611 AUSTIN, TX 78746 0. % .... Â»1Â«46~~ /2 e 11 ...,-'' ~- *3*p,FT,--jj-~*C~ #* 4- \.2 ~I,~.,* 1;4 4 \ f44. , ~ c . ~s 1 1 *91* - - -6 . 44,491 r -> 61+ ./r A'L,4-4 - 1//V~/.*-4 - =t *4 11 12Â» 1 - 1 -0 1 -So-- Â· 'b / d.,1 ist: 4 11 e. t..10-1."'---F'* 3- I -r i: ,_ 1- 0 _ 40*~,~a ' - -0 .1 1 J. 44.3.Eut ' r 4 *i 1- 7 #3*+64/76-1 â€¢ 0. 1~~4' #-44&4 -- 4 f *_LÂ·'Al S.-4.-. -1, r . 3 -*- C 1 4 .1 -~p-7 70 / 1 1. 91 1- 5 f: 4.4 31'7~Â¥ - 16=* 53404 . -2 # , 15/ - - â€¢ r I r 1- - LI, -t ~.0. M.1 8. -112/N #, 6 47 - 1 .- - 1 .1,1 + - t.,J ' 1- 4. 4--11:, 41,4.6 / 44- 4 -14 t ''di' 6. 6 01- - - -blf?-;t A 'b 'r M._r , Â·ta/=e~ 4- 1 - - ' - 4 1- -71*1(2. -2*1~:FL:* 0*'~1 Z. 1. "4._' 4 42 -111-1- -4 , 1.. 3/2/2,1 7,11.-Ai, il~Ni-- - 1. 1.1.~r- -+*i- I --Cr. f'~I V 8, -. .lf 1-: ' -::44~*- 2. -i 1 1 + ,+ :*,2$-*7*,~3&:ir--:. 4, * PUBLIC NOTICE , .j' L 27Â¥-l 2 9 I k ~r" X -' . 1-4//~in. f. J i -, 4"YE.'--74'ilit:i ':--....'.'& - '. Â·'9.62*51-- rz'-"illifl~~~"- ~4~ Date:_ Monday, Sept 10,2012 - Â¥- 71 L WY,-curje 4 _ 4, t~ *wic .. 0,#i 1 1 4 1 i~ - .*---â€žf: ~5$*a .2,= A - Time: 5 00pm ' 4 ,! f.,Pr -12 4 1 - _ -- --- - _ - /- it -â€¢ 1/ w bibi Place: qpurpzil Chambels 110 S 4- A , 1 - Z.L.Â·, Galena St, Aspen. C Cl _ ': 1, 4 + 4 -i,1,- Qd 1~ 'V,- 0. 9 1 ... Jitfi:*i~Purpos 2 lit r)â€¢11*411=4 >1%4. 'C' 011'tieigili~zillilillimillill T o ronsideran application submilt,='cl - by_the EFH Holdings, LP, PO BoÂ·, - -C 237 -2 1 i ...=- ,> ~14 + 3 **9, fc=y~ 4Â· i f; 9 4'14 1 4 'lip ..b.<6,4MMIâ€žIll,Il,8770 Aspen O-3 81632, fprihis . TA t -Â·r :,10~Ejujj 4, 11 , , ,-, 6,5~~@~ â€žâ€žâ€ž., proIDerty The applicanl leqlle='0 all - - ~~4 - 7,+ 4: '~AL>11=1~ 2~ amendment tu their 1992 Lot Split , T I L 9 41' â€¢ 1-61 0~ .Er- - - -r 1-7-,9.'-'".1 App.roval via Oidinance 15, beries of 11 --""/-%/.q 192 to use the affordable hoi 19 1,ici .:+, ..~918*44144â€¢~~ 1 1 11 Al-11 -5 .6 4,1 - - - - 1 1 2 -lillill': - - - n-litigation re,-liiII-pments tiutlined In 1- 1 , i i,- today'= , orle For further Intonllcition 61; r. - colltaet Aspen Planning Dept =It - 1 -1 r #f~4t- I 970-427- 2780 -- , --z-Ic-~~t:~~141111 111 - 1 -CU=, -1 : . 1 1 ., 1 Opt.*- 1 -LJ 1 1 1 Ji 1- - 1.1 - .1 1 4 1 - - + 5 1 1 I 'r - 1.34%14, 1 4 - 1, 1 01 /-1 1 1 4, 1 1 -401111.11 1411 '41,1 T . 1 1 1, 411 , ' 111'11 1 .* - At.1.r â€¢1 1 - t 1--1 1 - 1- A 1.3 il- f m MEMORANDUM TO: City of Aspen Mayor and City Council THRU: Chris Bendon, Community Development Directorci~~' FROM: Jessica Garrow, Long Range Planner tfyM RE: Second Reading of Ordinance 21, Series of 2012 Hume Lot Split Amendment, Amendment to Ordinance 15, Series of 1992 MEETING DATE: September 10,2012 (PH) APPLICANT: SUMMARY: EFH Holdings, LP The Applicant requests an amendment to Ordinance 15, Sereis of 1992 which created the Hume Lot Split. The REPRESENTATIVE: applicant requests to amend the Ordinance to reflect Alan Richman current language in the land use code in regards to affordable housing mitigation. LOCATION: Lot 2, Hume Lot Split STAFF RECOMMENDATION: Staff recommends approval of the request. CURRENT ZONING & USE R-6, vacant lot PROPOSED LAND USE: Single-family home LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approvals: â€¢ Subdivision Amendment to change the conditions outlined in Ordinance 15, Series of 1992 pursuant to Land Use Code Section 26.480.080.B (City Council is the final review authority). PROJECT BACKGROUND: The Applicant has requested an "Other Amendment" to the subdivision approval granted for the Hume Lot Split through Ordinance 15, Series of 1992. A copy of the original Ordinance is included in the Application, attached as Exhibit C. In 1992, the property was divided into two (2) lots: Lot 1, which includes a historic home, and Lot 2 which is vacant. The approval allowed for the development of a new single family home on Lot 2, and required an Accessory Dwelling Unit (ADU) to be constructed as mitigation when a new home was constructed. This was the only housing mitigation option outlined in the 1992 code, which is why it was included as a condition. Lot 2 has remained undeveloped. Page 1 of 3 PROJECT SUMMARY: The owner is interested in relocating a L'Auberge Cabin on to Lot 2 to function as a new single- ' family dwelling unit. The cabin is approximately 320 square feet in size, and triggers the Ordinance requirement that an ADU be provided as mitigation. The Land Use Code requires a minimum size of 300 sq ft for an ADU, which is nearly the same size as the development being proposed. The Applicant requests that the Ordinance condition requiring housing mitigation in the form of an ADU be amended to enable the applicant to use today's code, which outlines a number of different options for housing mitigation. This includes providing an ADU, paying a cash-in-lieu fee, or purchasing an Affordable Housing Credit. The lot is located above Hallam Lake, and development on a portion of the property would trigger a Hallam Lake Bluff Review. The applicant proposes to locate the cabin near the street and out of the Hallam Lake Bluff Review Area, so no review is required at this time. If, in the future, the property owner wished to develop in that area a Hallam Lake Bluff Review would be required. STAFF COMMENTS: SUBDIVISION AMENDMENT The Applicant is requesting an amendment to Condition 4 in Section 1 of Ordinance 15, Series of 1992. The condition currently reads: "An Accessory Dwelling Unit must be included on the newly created lot as this is a requirement of the Lot Split. The Accessory Dwelling Unit must comply with the Housing Authority's requirements and must receive conditional use approval by the Aspen Planning and Zoning Commission." At the time, this was the only form of housing mitigation allowed for a Lot Split under the Land Use Code. Today, an applicant has the following six (6) options for mitigating new development, pursuant to Section 26.470.060 of the Land Use Code: 1) Providing an above-grade, detached accessory dwelling unit (ADU) or a carriage house pursuant to Chapter 26.520, Accessory Dwelling Units and Carriage Houses; 2) Providing an accessory dwelling unit, or a carriage house, authorized through special review to be attached and/or partially or fully subgrade, pursuant to Chapter 26.520; 3) Providing an off-site affordable housing unit within the Aspen Infill Area accepted by the Aspen/Pitkin County Housing Authority and deed-restricted in accordance with the Aspen/Pitkin County Housing Authority Guidelines, as amended; 4) Paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin County Housing Authority Guidelines, as amended; or 5) Recording a resident-occupancy (RO) deed restriction on the single-family dwelling unit being constructed. 6) Providing a Certificate of Affordable Housing Credit as mitigation, pursuant to Section 26.540.060 Authority of the Certificate, commensurate with the net increase Page 2 0 f 3 of square footage, according to Aspen/Pitkin County Housing Authority Guidelines, as amended. The applicant is requesting to amend Condition 4 to state: "At such time as development is proposed for Lot 2, the applicant shall mitigate for affordable housing pursuant to the provisions of Sec 26.470.060 of the Land Use Code, as may be amended from time to time. " This will enable any future development on the property to be subject to the affordable housing mitigation in place at the time of any building permit. Today, that would mean the applicant could choose from the 6 options listed above. In addition, Condition 5 of the Ordinance states, "Prior to issuance of any building permits, Deed Restrictions for the Accessory Dwelling Unit shall be approved by the Housing Authority and recorded by the Pitkin County Clerk and Recorder's Office. " Condition 5 becomes obsolete if the language in Condition 4 is amended - if the applicant chooses a different form of mitigation this section is unenforceable and could create confusion. The applicant has not requested to amend this language, but staff recommends the language be eliminated. Staff Comments: Staff finds the request meets the Subdivision review criteria. The request will bring the property into conformance with today' s code and the different options for mitigating new development. The six options currently outlined in the code may change in the future as the City continues to refine its growth management system. Staff therefore recommends that the amendment allow any development on Lot 2 to be subj ect to the affordable housing requirements in place at the time of a building permit. Specifically, Staff recommends in favor of amended language for Condition 4, and recommends in favor of eliminating Condition 5, as it becomes obsolete if Condition 4 is changed to recognize the language in the current Land Use Code. REFERRAL COMMENTS: The APCHA Board reviewed this project and recommended in favor of the proposal. Their written comments are attached as Exhibit B. RECOMMENDATION: Staff recommends approval of the request. RECOMMENDED MOTION: "I move to approve the request for an Amendment to Conditions 4 and 5 in Section 1 of Ordinance 15, Series of 1992 which granted the Hume Lot Split, as noted in Ordinance No. 21, Series of 2012" ATTACHMENTS: EXHIBIT A - Review Criteria and Staff Findings EXHIBIT B - Referral Comments EXHIBIT C - Application Page 3 0 f 3 ORDINANCE NO. 21, (SERIES OF 2012) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING AN AMENDMENT TO CONDITIONS 4 AND 5 IN SECTION 1 OF ORDINANCE 15, SERIES 1992, WHICH ESTABLISHED THE HUME LOT SPLIT AND AFFORDABLE HOUSING MITIGATION REQUIREMENTS FOR DEVELOPMENT ON LOT 2, LEGALLY DESCRIBED AS: HUME LOT SPLIT, LOTS 1 & 2, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID 2735-121-280-02 WHEREAS, the Community Development Department received an application from EFH Holdings, LP, represented by Alan Richman, requesting approval of an amendment to Ordinance 15, Series of 1992 which established the Hume Lot Split and required that any development on Lot 2 of the Lot Split have an Accessory Dwelling Unit; and, WHEREAS, the property is zoned Medium Density Residential, R-6; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended in favor of the proposed amendment; and, WHEREAS, pursuant to Section 26.480.080, the City Council may approve a Subdivision Amendment, during a duly noticed public hearing after considering comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, during a duly noticed public hearing on September _, 2012, the City Council approved Ordinance No. 21, Series of 2012, by a to (__ -_) vote, approving an amendment to Ordinance 15, Series of 1992 through a Subdivision Amendment; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. Ordinance No , Series 2012 Page 1 of 3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council herby amends Conditions 4 and 5 in Section 1 of Ordinance 15, Series of 1992 to state: 4. At such time as development is proposed for Lot 2, the applicant shall mitigate for affordable housing pursuant to the provisions of Sec 26.470.060 of the Land Use Code, as may be amended from time to time. Said section outlines the mitigation options for mitigating affordable housing impacts created by single family and duplex development. 5. Condition 5 is hereby stricken in its entirety. Section 2: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 5: A public hearing on this ordinance shall be held on the 10th day of September, 2012, at a meeting of the Aspen City Council commencing at 5:00 pm in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council ofthe City of Aspen onthe 13th day of August, 2012. Ordinance No , Series 2012 Page 2 of 3 Attest: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor FINALLY, adopted, passed and approved this day of ,2012. Attest: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor Approved as to form: City Attorney Ordinance No , Series 2012 Page 3 of 3 Exhibit A, Staff Findings 26.480.080. Amendment to subdivision development order. B. Other amendment. Any other amendment shall be approved by the City Council, provided that the proposed change is consistent with the approved plat. If the proposed change is not consistent with the approved plat, the amendment shall be subject to review as a new development application for plat. Staff Findin~s: The applicant proposes to amend the language in the original approval Ordinance, Ordinance 15 Series of 1992. That ordinance approved a lot split for the property, creating Lot 1 and Lot 2 of the Hume Subdivision. At the time, the land use code required that any new home have an Accessory Dwelling Unit provided as affordable housing mitigation. Today, the land use code establishes a number of options for the development of a new home. These include Cash-in-lieu, the use of an Affordable Housing Credit, or the construction of an ADU. The applicant is interested in amending the approval to take advantage of the existing options outlined in the code. Today's code provides more flexibility then the code in place in 1992. Staff finds that the request is consistent with the original approval because it reverts to the code in place at the time of the proposed development. Staff recommends in favor ofthe change. Exhibit B, APCHA Referral Comments MEMORANDUM TO: Jessica Garrow FROM: Cindy Christensen DATE: August 1,2012 RE: MITIGATION FOR DEVELOPMENT OF LOT 2, HUME LOT SPLIT ISSUE: The applicant is requesting an amendment to a condition that requires the construction of an accessory dwelling unit (ADU) and would like to provide a cash-in-lieu payment instead of the required ADU. BACKGROUND: Ordinance 15, Series of 1992, created a lot split which created Lot 2. The property is located along Lake Avenue and is currently a vacant lot. A condition was that an ADU was to be included on the newly created lot and that must comply with the APCHA's requirements. This was based on the construction of a single-family home on the lot and was a requirement under the Land Use Code in 1992. According to the Land Use Code today, an applicant has the option to mitigate by providing an on- site ADU or Carriage House, provide an off-site affordable housing unit, or record a RO restriction on the new unit. The applicant has no interest at this time to develop Lot 2; however, the applicant has agreed to provide placement of the one of the eabins removed from the Aspen Jewish Community Center. Ordinance 15, Series of 1992, would require the applicant to construct an ADU on the property about the same size as the cabin; therefore, the applicant is seeking approval to mitigate with the payment-in-lieu. The current mitigation for the 320 square foot cabin would be 320 X $76.93 (current payment-in-lieu fee for new construction) = $23,617.60 since the lot is currently vacant; however, the amount that would be paid would be based on the amount in effect in the APCHA Guidelines at the time of building permit submission. DISCUSSION: The applicant stepped forward when the Aspen Jewish Community Center was looking for places to relocate three of the nine original cabins that was required by the HPC for the redevelopment of the old L'Auberge property. The applicant would like relocate the cabin on the property without the requirement of also providing an accessory dwelling unit. When the applicant decides to construct a single-family residence on Lot 2, the applicant will consider at that time whether the cabin could serve as an ADU, or if the cash-in-lieu should be paid based on the new residence, or one of the other options stipulated in the Land Use Code. Lot 2, Hume Lot Split Amendment Page 1 At the time of the construction of the single-family residence, a payment-in-lieu fee would be based on the square footage of that structure, minus the 320 square feet of the cabin, times the amount stated in the APCHA Guidelines at the time of that building permit submission. RECOMMENDATION: The APCHA Board reviewed the application at their regular meeting held August 1, 2012, and due to the failure of the ADU program, recommends approval of the payment-in-lieu fee, based on the amount in effect at the time of building permit submission. APCHA would also recommend the use of the affordable housing credit certificate program for the future development ofthis lot. Lot 2, Hume Lot Split Amendment Page 2 ExhibH- c Aut* 2240*a* Pket*99 Suwace, â‚¬. 3613 A*eâ€¢i, (306#4 2 1612 PAO.tep?44 (970)920-1125 41244444*@40#,ta.KeÂ¢ June 25, 2012 RECEIVED JUN 2 6 2012 Ms. Jessica Garrow, Planner City of Aspen Community Development Department CITY OF ASPEN 130 South Galena Street COMMUNITY DEVELOPMENT Aspen, Colorado 81611 RE: APPLICATION FOR SUBDIVISION AMENDMENT FOR LOT 2 OF THE HUME LOT SPLIT Dear Jessica, This is an application requesting an amendment to a condition that applies to Lot 2 of the Hume Lot Split. The Hume Lot Split is located along Lake Avenue (see vicinity map shown on proposed site plan). The Pitkin County Parcel ID# for Lot 2 is 273512128002. A street address has not yet been assigned to this property as Lot 2 is a vacant lot. The application is being submitted by EFH Holdings, LP, the owner of Lot 2 (hereinafter, "the applicant"). Proof of the ownership of the property is provided in the form of the warranty deed to the property (see Exhibit #1). The applicant has designated Alan Richman Planning Services, Inc. as its representative for this application (see the letter attached hereto as Exhibit #2). The applicant is proposing to relocate onto Lot 2 one of the small, original cabins that was recently removed from the L'Auberge property. However, in order to do so, staff has informed the applicant that it will first be necessary to amend Condition #4 of Ordinance 15, Series of 1992, which is the ordinance that created the lot split (see Exhibit #3). Condition #4 reads as follows: An Accessory Dwelling Unit must be included on the newly created lot as this is a requirement of the Lot Split. The Accessory Dwelling Unit must comply with the Housing Authority's requirements and must receive Conditional Use approval by the Aspen Planning and Zoning Commission. The applicant would like to amend this condition so that it is not necessary to provide an ADU in order to place this cabin on the property. Instead, the applicant would prefer to be allowed to comply with the City's current mitigation requirements for affordable housing which include not only provision of an on-site ADU but also payment of an in-lieu fee. Given the very small size of the cabin (approximately 320 sq. ft.), a payment in-lieu is a much more reasonable form of mitigation than development of an on-site ADU. Ms. Jessica Garrow June 25, 2012 Page Two Several pre-application discussions were held between the applicant and staff of the Community Development Department. A copy of the pre-application form staff provided to the applicant is attached hereto as Exhibit #4. According to the form, the applicant has been directed to respond to the following sections of the Land Use Code: 26.480.080: Amendment of Subdivision Development Order (Other Amendment). The applicant is also submitting an administrative land use application, requesting variances to three (3) of the City's residential design standards. These variances are necessary to accommodate the cabin on the site without changing its appearance. The following sections of this application are organized to demonstrate how the proposal complies with the applicable review standards of the Aspen Land Use Code. First however, some background information is presented describing the existing conditions of the lot and tracing the history of the prior land use approvals granted to property. Background Information The Hume Lot Split Subdivision Exemption was approved by the Aspen City Council pursuant to Ordinance 15, Series of 1992. The final plat of the Hume Lot Split is recorded in Plat Book 29 at Page 55 of the Pitkin County records and the Statement of Subdivision Exemption is recorded in Book 685 at Page 858 of those records. The plat shows that Lot 2 has an area of 15,909 sq. ft. The lot is generally flat along its front portion but then drops off steeply along the rear, below the bluff toward Hallam Lake. There is a grove of mature trees (Aspen trees and conifer trees) along the western edge of the property and at the top of the bank, towards the rear of the property. Lot 2 is otherwise undeveloped, except for man-made planting in the garden. The property is zoned R-6, a zone district with a minimum lot size of 6,000 sq. ft. Therefore Lot 2 is a conforming sized lot of record. Subdivision Amendment The applicant proposes an amendment to the Hume Lot Split Subdivision Exception. The amendment would revise Condition 4 of Ordinance 15, Series of 1992. That condition reads as follows: An Accessory Dwelling Unit must be included on the newly created lot as this is a requirement of the Lot Split. The Accessory Dwelling Unit must comply with the Housing Authority's requirements and must receive Conditional Use approval by the Aspen Planning and Zoning Commission. Ms. Jessica Garrow June 25, 2012 Page Three The applicant proposes to amend this condition to read as follows: 4. At such time as development is proposed for Lot 2, the applicant shall mitigate for affordable housing pursuant to the provisions of Sec. 26.470.070 B of the Land Use Code. Amendments to approved subdivisions are addressed in Section 26.480.080 of the Aspen Land Use Code. This section provides for what are identified as "insubstantial amendments" (Sub-section A) and "other amendments" (Sub-section B). An insubstantial subdivision amendment \s limited to "technical or engineering considerations first discovered during actual development which could not reasonably be anticipated during the approval process or any other minor change to a plat that has no effect on the conditions and representations limiting the original plat". An insubstantial amendment may be authorized administratively. Other subdivision amendments (that is, amendments which do not qualify as insubstantial amendments) require review and approval by the Aspen City Council, "provided the proposed change is consistent with the approved plat". The proposed amendment does not qualify as an insubstantial subdivision amendment because it is not a technical or engineering consideration. Therefore, by definition the amendment is considered to be an "other amendment". This means that the amendment must be determined to be consistent with or an enhancement of the approved final plat in order for the amendment to be approved. The proposed amendment is consistent with the original approval because the terms of the original approval reflected the Land Use Code language of the lot split subdivision exemption that was in effect in 1992. At that time, to be eligible for a lot split the applicant was required to develop an ADU on the newly created lot. Today, an applicant who proposes a lot split is given a series of options for how to mitigate for affordable housing. These options include providing an on-site ADU or Carriage House, providing an off-site AHU, paying an affordable housing impact fee, or recording an RO restriction on the new unit. Lot 2 has remained undeveloped for the 20 years since the lot split was approved. The applicant seeks this amendment so that development of Lot 2 will be subject to the current Code, just as the prior condition required development of Lot 2 to comply with the then current Code. Granting the applicant the same level of flexibility that is given to all other applicants by the current Code is a reasonable and fair approach that will permit this site to be used for the cabin. Providing a site for the relocation of one of these post-World War 11 cabins (built for what was once known as the Swiss Chalets) achieves an important public purpose. Ms. Jessica Garrow June 25, 2012 Page Four When the Aspen Jewish Community Center first proposed the relocation of three of the nine original cabins from its site, the HPC required the applicant to find locations for these cabins within the City. The AJCC expended considerable time advertising the availability of the cabins and seeking persons who would relocate them within the City. These efforts were not successful and the HPC ultimately decided to revise its requirements such that the cabins could be relocated outside of the City or could be demolished if there were no takers. EFH Holdings LP has now stepped forward and is willing to provide a location for one of the cabins within the City, in the Lake Avenue neighborhood. The applicant has no interest in building a single family residence on the lot at this time. The only development contemplated is the placement of the cabin on the site in the vacant spot shown on the proposed site plan. If the applicant were required to provide an ADU just to install the cabin that would force more development to occur on the site than is desired or appropriate at this time and would eliminate lose some of the gardens present on this lot, something the applicant is not willing to see happen. Moreover, it would require the applicant to build almost as much square footage for the ADU (minimum size of 300 sq. ft.) as is present in the cabin (320 sq. ft.). Therefore, the applicant seeks the ability to pay cash-in-lieu for this minor development activity, which is exactly what any other applicant who gets approval for a lot split today is able to do. At some point in the future, when a single family residence is ultimately planned for this site, the owner can consider whether this cabin could serve as an ADU, or if cash-in-lieu should be paid, or one of the other options should be pursued. So the City will not lose the opportunity to have an ADU on this site via this amendment. Instead, it allows the City to receive an immediate monetary gain via the housing impact fee, which will be supplemented in the future in the form of additional cash-in-lieu for any future square footage that is built, or one of the other forms of housing mitigation allowed by the Code. Based on these responses, the applicant respectfully requests that the Aspen City Council amend condition #4 of Ordinance 15, Series of 1992 in the manner written above to allow the cabin to be relocated to this lot. We believe that these responses and the attached materials provide all of the information required to process this application. However, if there is anything else I can provide to you or any other questions I can answer please do not hesitate to contact me. Sincerely, ALAN RICHMAN PLANNING SERVICES R- 221 Alan Richman, AICP EXHIBITS C 00.60 EXHIBIT #1 WARRANTY DEED THIS DEED, made this 2 9 day of DECEMBER 1997, between ANTHONY HUME OF THE COUNTY OF DALLAs STATE OF TX GRANTOR, AND EFH HOLDINGS, LP, A CALIFORNIA LIMITED PARTNERSHIP, GRANTEE whose legal address ie 137 CENTRAL AVE. SUITE 1, SALINAS, CA 93901 COUNTY OF , STATE OF CALIFORNIA WITNESSETH, That for and in consideration of the sum of ten dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the grantor has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey and confirm unto the grantee, its successors and assigns forever, all the real property together with improvements, if any, situate and lying and being in the County of PITKIN, State of COLORADO, described as follows: LOT 2, HUME LOT SPLIT, according to the Plat thereof recorded August 11, 1992 in Plat Book 29 at Page 55. 411976 TRANSFER DECLARATION RECEIVED 12/29/1997 TOGETHER with all and singular the hereditaments and appurtenances RW , thereto belonging, or in anywise appertaining, and the reversion and w N + reversions, remainders, rents, issues and profits thereof, and all the ~-~~, estate, right, title, interest, claim and demand whatsoever of the grantor -21_ ~Â· either in law or equity, of, in and to the above bargained premises, with 21 Â·, the hereditaments and appurtenances. To HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, its successors and assigns forever. ~ And the Grantor, for itself, its successors and/or assigns, does covenant, grant, bargain, and agree to and with the Grantee, its heirs and assigns, that at the time of the ensealing delivery of the presents, he ia , well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, ' sell and convey the same in manner and form as aforesaid, and that the i same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind , or nature soever, except those matters as set forth on Exhibit "A" attached hereto and incorporated herein by reference. The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the p],ural the singular, and the use of gender shall be applicable to all gendeis. 4 4- 4 AL_ 5 Wk 11111111111111111111111 lilli lili 111111111111111 lili lili ANTHONY HIJ~[E 8 4 411978 12/29/1997 04:11, WO DAVIS SILVI 1 of 2 R 11.00 0 100.00 N 0.00 PITKIN COUNTY CO STATE o,ColoCale 1 COUNTY OF F At /K... ) SS The foregoing instrument was acknowledged before me this ,;fl day of ~,2-<s.. 1961'~ ' by ANTHONY HUME. /1 ~ 1 WITNESS my hand and official seal my commission expires: - 2, *.1 Â·Notary Public 45 4 1919 \ 1 :Uctic/ 7 . 2be, 91 1 P Ll- I 14 q o 3%97 EXHIBIT "A" 1. Taxes for the year 1993 not yet due or payable. 2. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patent recorded June 8, 1988 in Book 55 at Page 2. 3. Terms, conditions, provisions and obligations as set forth in Grant of Easement recorded September 13, 1971 in Book 257 at Page 721. 4. Terms, conditions, obligations and all matters as set forth in Statement of Exception from the Full Subdivision Process recorded August 11, 1992 in Book 685 at Page 858. 5. Easements, rights of way and all matters as disclosed on Plat of subject property recorded August 11, 1992 in Plat Book 29 at Page 55. 1111111 lilli 111111 lilli mil lili 1111111111111111111 lili 411978 12/29/1997 04: 11P WD DAVIS SILVI 2 0 2 R 11.00 0 100.00 N 0.00 PITKIN COUNTY CO EXHIBIT #2 Ms. Jessica Garrow, Senior Planner City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: LETTER OF AUTHORIZATION FOR LOT 2, HUME LOT SPLIT Dear Amy and Sara, EFH Holdings LP is the owner of the Lot 2 of the Hume Lot Split, located along Lake Avenue. I hereby authorize Alan Richman Planning Services to submit an application for Subdivision amendment and Residential Design Standards Variances for this property. Mr. Richman is authorized to submit this application on our behalf and to represent us in meetings with staff and the applicable decision-making bodies. Should you have any need to contact us during the course of your review of this application please do so by calling Mr. Richman at the phone number he has provided in the land use application. Sincerely, CQ=3. l C gu -11Â« C- EFH Holdings, LP Ellen F. Hunt, Partner P.O. Box 8770 Aspen, CO 81612 970-925-8838 EXHIBIT #3 ORDINANCE NO. 15 (SERIES OF 1992) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SUBDIVISION EXEMPTION FOR A LOT SPLIT, 330 LAKE AVENUE, LOTS 5,6,7,8 AND 9, BLOCK 103, HALLAM SUBDIVISION, CITY AND TOWNSITE OF ASPEN. WHEREAS, pursuant to Section 24-8-104 C.1.(a) of the Municipal Code the applicant, Anthony Hume, has submitted an application to a lot split; and WHEREAS, a lot split shall be considered a subdivision exemption subject to review by the City Council; and WHEREAS, the staff has reviewed the lot split application and has found that the two created lots conform to the minimum lot size of the underlying zoning of R-6, the parcel has not been subject to subdivision by the Board of County Commissioners or City Council or subdivision after March 14, 1969, and a final plat shall be filed with the City Clerks office containing all pertinent notes regarding future development; and WHEREAS, staff recommends to the City Council approval of the lot split with conditions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That it does hereby approve the lot split for the property located at 330 Lake Avenue, Lots 5, 6, 7, 8 and 9, Block 103, Hallam Subdivision, with the following conditions: 1. A plat shall be. filed with the Pitkin County Clerk and Recorder within 180 days of final approval. The plat shall be Â¥ reviewed and approvedÂ· by the Engineering and Planning Departments and shall include the following: a. Final plat contents shall comply with Section 24-7-1004- D.2 of the Municipal Code. There must be language on the plat that states that all easements indicated on title policy No. , dated (within past twelve months) have been shown En the plat. The plat must show Hallam Addition lot and block lines and designations. The plat shall contain a note that states that a permit is required from the City Public Works Agency for any work performed in the public right-of-way. b. A note indicating that prior to issuance of a building permit for development on lot 2, the applicant shall submit a drainage plan to the Engineering Department. C. All fences shall be depicted on the plat to determine the fence location and the ownership of the property. d. A note referencing the Environmentally Sensitive Area and shall read as follows: Any development on these lots is subject to review for compliance with Ordinance No. 71 (Series of 1990). e. The plat shall provide one 4'x4' (four foot by four foot) utility pedestal easement and lot line and transformer utility easement as needed. 2. Prior to final plat approval an encroachment license shall be obtained for the fence on proposed lot 2. 3. A Subdivision Exemption Agreement listing the conditions of approval shall be recorded with the final plat. 4. An Accessory Dwelling Unit must be included on the newly created lot as this is a requirement of the Lot Split. The Accessory Dwelling Unit must comply with the Housing Authority's requirements and must receive Conditional Use approval by the Aspen Planning and Zoning Commission. 5. Prior to issuance of any building permits, Deed Restrictions for the Accessory Dwelling Unit shall be approved by the Housing Authority and recorded by the Pitkin County Clerk and Recorder's Office. 6. The applicant shall consult City Engineering for design considerations of development within public rights-of-way and shall obtain permits for any work or development within public rights- of-way from City Streets Department. 7. The applicant shall agree to join any future improvement dis- tricts which may be formed for the purpose of constructing improvements in the public right-of-way. 8. The applicant shall remove the fence along the ditch easement so as not to obstruct ditch maintenance if in fact maintenance is obstructed. Section 2: That the City Clerk be and hereby is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 3: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. Section 4: ~~ This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5: A public hearing on the Ordinance shall be held on the 23th day of March, 1992 at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 9~,1.- day of i. 9721Â«- , 1992. 4 - L John Bennett, Mayor ~/v'W ATTEST: 6*u.,0 1 6 Kathryn di. Koch, City Clerk ~ -- FINALLÂ¥, adopted, passed and approved this /3~'<< day of -0 , 1992. 4 9. 3. I John iennett, Mayor ATTEST: kla-,1-) W,t..g _ Kathryn ~ Koch, City Clerk f.p 94 29 n. 55- - Sr,#TG htâ‚¬Wr 041 OWNER-5 CERTIFICA'E F!NAL PLAT â‚¬x<n,pT-/04 HUME LOT SPLIT -- -1/./.- --- -,â€ž- -W ..,a.- - BK '99- 94(. Ts e .... .. - -m-- --- U i I =11< â€¢ Â· . ' IÂ·/ .r,4..2.WM, \2_ 1- - - - EADMAN FARrNERSHIP LOT SPLIT LOT 2 . LOT 1 r l,Â« 13.Â¢Â»A 1 2.4.2= lu i - 1 'I v Â· 1,1 T -- U LOT Z ZOÂ·Il~,5 SET'B,â€¢OcS r-/ c r -1 ~1:166/=1 rggr'41:419 r.,f .4,; PLAT NOTES ~~ E ~'J'-=~*Â£*~~:~-~**ity~Ry-41--.S-**1.- 1 4 .44 21.-9 ... 312% , I.=Er...'......- - . ./.== W . -/I. , , - -. :lt 4ALLAM ..ai.. -- LAKE 23. Il , rl A. 9.- r 1 4 U ..7: L- ". . , + 1,1 P' 1 , ASPEN &1'Il 1 L - I SURVEYOÂ«*S CERTIFICATE *| i J' 1~ + TV LEGAL DESCRIPTION [.c 11., -0,40-qÂ·-<kE -~1:- -~-~::--4/ 11 CENTER 2 1 % lit'- ELJ.'.Ill--I./.I--W --'... Sy-$4~ 42'1,'11 FOR - ---" --A~"34242 i - >3 -3 LA yÂ· T ..4 f ..1 ; , 1 r ./,-/12....2 :i I 1.! 1 LOT. 1 ..13 - 1, 1, ENVIRONMENTAL CITY ENOMNEERÂ·S APPROV44&21.-' ~[ STUDIES â‚¬r.. ......,-. --(- . 3 1 @4- <..64- 3 1 LOX â‚¬' i ' j 'f =196 Cut. 1 Imi L , 1 + \ , 6 11 ; 4 4 1 1 1 1 ILANNING * ZONING APPROVAL LEGEND AND NOTE 5 1. 'r. Ch %@1 1 #611 1 651 -31 Mt i '; 2 TITLE CERTIFICATE 159Â»-1 - 11 16 &3 - uiti , 1 52Â·~P=Â·r'C'=â€¢,MÂ·'3'%4: * SCALE ~ \ ~/~ 1'~' - ~-'- ~1=ir LMYS....J,/7:;:.~.I- CITY COUNCIL APPROVAL_ m:tii'ENE~E~:ifii;33:2:3::~:'g I......--.... ......-/... ./. PARCEL I ,(AZÂ¢~"'~t;1 1 -R. MARSHALL LOT SPLIT 9-mi@â€¢ mur/Â£2- RECORD NO CERT F:CATE ASPEN SCKVZY ENCINEESS. INC. Â·- 4/ViMPX-Niy h . ..rÂ« ... -... - ......11 ; .... . -,r M ... -Il-, SHEET ! OF I 3/ 1 k. w EXHIBIT #4 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Jessica Garrow - 970.429.2780 DATE: 5.17.12, updated 6/7/2012 PROJECT: Hume Lot Split Amendment REPRESENTATIVE: Gideon Kaufman, qk@kpdlaw.corn Alan Richman, arichman@sopris.net TYPE OF APPLICATION: Amendment to approved Lot Split, Subdivision, Other Amendment, Residential Design DESCRIPTION: The applicant is interested in amending the affordable housing condition that was approved as part of the original Hume Lot Split. The Hume Lot Split was approved via Ordinance 15, Series of 1992. Condition 4 of the approval requires that an on-site Accessory Dwelling Unit be provided as affordable housing mitigation when a building is constructed or placed on Lot 2. Condition 5 requires that a deed restriction be approved by the Housing Authority. The applicant would like to remove this condition, and be able to use the mitigation requirements in place in the Land Use Code today. These would include an option to build an on-site ADU, provide a housing credit, or provide cash-in-lieu. This requires an amendment to the Ordinance approving the Lot Split. The Applicant will need to submit a Land Use Application requesting an Amendment to the Subdivision Development Order - Other amendment. Because this is an amendment to a City Council Ordinance, this amendment is reviewed by City Council. The Applicant is interested in relocating one of the L'Auberge cabins on Lot 2. The cabin is approximately 300 square feet and does not meet the Residential Design Standards. Among other items, it does not have a front porch or a front door. The applicant is not interested in changing the cabin in anyway - she would like to move the cabin and place it on the site as - is. Because the cabin does not comply with the Residential Design Standards, and there is no exemption for the relocation of existing buildings, the applicant is interested in requesting variances from the Residential Design Standards. Based on staffs initial review of the cabin and lot split plat, it appears the following variances are required: Secondary Mass (26.410.040.B.1), Entry Door (26.410.040.D.1.a), Entry Porch (26.410.040.D. 1.b). Additional variances may be required, depending on the final design and site plan. Because the Ordinance will be open for changes related to the affordable housing mitigation, this request can be processed as part of the same process, per section 26.304.060.B.1, Combined Reviews. In addition, the relocated cabin must qualify as a dwelling unit under the City of Aspen Land Use Code. Please note that a portion of this lot is located with the Hallam Lake Bluff Review area. Any development proposed in this area will require a Hallam Lake Bluff Review by the Planning and Zoning Commission. Based on the pre-application meeting, staff believes the cabin is proposed to be relocated outside of the Hallam Lake Bluff area. Confirmation of this is required as part of the application. Below are links to the Land Use Application form and Land Use Code for your convenience. Land Use Application Form: Land Use application Land Use Code: Land Use Code Land Use Code Section(s) 26.104.100 Definitions - Dwelling Unit 26.304 Common Development Review Procedures 26.304.060.B.1 Combined Reviews 26.410 Residential Design Standards 26.480.080 Amendment to subdivision development order Review by: - Planning Staff for compliance/completeness - APCHA for Housing referral - City Council Public Hearing: Required Planning Fees: $1,890.00 Deposit for 6 hours of staff time. Additional staff time required is billed at $315/hour Referral Fees: Housing Referral - $945.00 (flat fee) Total Deposit: $2,835.00 Total Number of Application Copies: 13: 3 for Staffand Referrals, 10 for Council To apply, submit the following information: 1. Total Deposit for review of application. 2. 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. 3. Street address and legal description of the parcel on which 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. Completed Land Use Application. 5. Signed fee agreement. 6. Pre-application Conference Summary. 7. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. 8. Photos of each side of the cabin proposed for relocation to the site, and an existing floor plan. 9. A proposed site plan and visuals indicating what the cabin will look like on the site. 10. Responses to the Residential Design Standards. 11. Proof of ownership. 12.A copy of all previous approvals and plats for Lot 2 of the Hume Lot Split. 13. Proposed language amending Ordinance 15, Series of 1992. 14. An updated survey that includes the location of the Hallam Lake Bluff Review. 10.A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. LEGEND AND NOTES 1~ PROPOSED CABIN SITE PLAN LOT 2, HUME LOT SPLIT . .... ,-1- RAY=273Â£E.Efa?.9 1 37:rEE:521: SCALE e - 250Â£;369.1- .1.LIT... ..1 1. L.. .1- .1-1 - -I EXDMAN PARTNERSHIP LOT SPLIT Â£*92 ; 1,0, LOT 2 . $ S 1 LOT t .... 1 VICINITY MAP iii =1 1 .-'Q:..=- / i - ...I -// . 1 -2, ,, 4 '..f-Lig:r- - 04=. - +421 4 '2 /4 $ 2 ./ 1 LOT 2 ENAJO ... - VACANT 7.9. 1,1 / .F.4- . L 1-- b m LOT HALLAM buÂ· I c- -~- 7 22 L /~' LAKE E I $ i *5 Â£ / '4 1. ~00Â« 2â€¢S AT P,<E *a 1 ZTE' ASPEN 51Â·Eae.meaÂ·se'12*XEC-le'l. LOT 1 | | CENTER FOR ENVIRONMENTAL /9.2 STUDIES LEGAL DESCRIPTION 10,7 ..EPARED ., Al,EN SURVIT 1IGIIlRâ€¢â€¢ 1WC 210.OUTâ€¢ 6â€¢L Eâ€¢â€¢â€¢ s~â€¢EEr â€¢PEâ€¢. Col-AOD '14.1 hlo~â‚¬.FA. 1.0, 9, .1/ ##83*P~3- ..,E 6/,2 71= 7 MEMORANDUM TO: City of Aspen Mayor and City Council 17 L THRU: Chris Bendon, Community Development Director L/VAV FROM: Jessica Garrow, Long Range Planner A RE: First Reading of Hume Lot Split Amendment, Amendment to Ordinance 15, Series of 1992 MEETING DATE: August 13,2012 (Public Hearing, September 10,2012) APPLICANT: SUMMARY: EFH Holdings, LP The Applicant requests an amendment to Ordinance 15, Sereis of 1992 which created the Hume Lot Split. The REPRESENTATIVE: applicant requests to amend the Ordinance to reflect Alan Richman current language in the land use code in regards to affordable housing mitigation. LOCATION: Lot 2, Hume Lot Split STAFF RECOMMENDATION: Staff recommends approval of the request. CURRENT ZONING & USE R-6, vacant lot PROPOSED LAND USE: Single-family home LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approvals: â€¢ Subdivision Amendment to change the conditions outlined in Ordinance 15, Series of 1992 pursuant to Land Use Code Section 26.480.080.B (City Council is the final review authority). PROJECT BACKGROUND: The Applicant has requested an 'Other Amendment" to the subdivision approval granted for the Hume Lot Split through Ordinance 15, Series of 1992. A copy of the original Ordinance is included in the Application, attached as Exhibit C. In 1992, the property was divided into two (2) lots: Lot 1, which includes a historic home, and Lot 2 which is vacant. The approval allowed for the development of a new single family home on Lot 2, and required an Accessory Dwelling Unit (ADU) to be constructed as mitigation when a new home was constructed. This was the only housing mitigation option outlined in the 1992 code, which is why it was included as a condition. Lot 2 has remained undeveloped. Page 1 of 3 PROJECT SUMMARY: The owner is interested in relocating a L'Auberge Cabin on to Lot 2 to function as a new single- family dwelling unit. The cabin is approximately 320 square feet in size, and triggers the Ordinance requirement that an ADU be provided as mitigation. The Land Use Code requires a minimum size of 300 sq ft for an ADU, which is nearly the same size as the development being proposed. The Applicant requests that the Ordinance condition requiring housing mitigation in the form of an ADU be amended to enable the applicant to use today's code, which outlines a number of different options for housing mitigation. This includes providing an ADU, paying a cash-in-lieu fee, or purchasing an Affordable Housing Credit. The lot is located above Hallam Lake, and development on a portion of the property would trigger a Hallam Lake Bluff Review. The applicant proposed to locate the cabin near the street and out of the Hallam Lake Bluff Review Area, so no review is required at this time. If, in the future, the property owner wished to develop in that area a Hallam Lake Bluff Review would be required. STAFF COMMENTS: SUBDIVISION AMENDMENT The Applicant is requesting an amendment to Condition 4 in Section 1 of Ordinance 15, Series of 1992. The condition currently reads: "An Accessory Dwelling Unit must be included on the newly created lot as this is a requirement of the Lot Split. The Accessory Dwelling Unit must comply with the Housing Authority's requirements and must receive conditional use approval by the Aspen Planning and Zoning Commission. " At the time, this was the only form of housing mitigation allowed for a Lot Split under the Land Use Code. Today, an applicant has the following six (6) options for mitigating new development, pursuant to Section 26.470.060 of the Land Use Code: 1) Providing an above-grade, detached accessory dwelling unit (ADU) or a carriage house pursuant to Chapter 26.520, Accessory Dwelling Units and Carriage LIouses; 2) Providing an accessory dwelling unit, or a carriage house, authorized through special review to be attached and/or partially or fully subgrade, pursuant to Chapter 26.520; 3) Providing an off-site affordable housing unit within the Aspen Infill Area accepted by the Aspen/Pitkin County Housing Authority and deed-restricted in accordance with the Aspen/Pitkin County Housing Authority Guidelines, as amended; 4) Paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin County Housing Authority Guidelines, as amended; or 5) Recording a resident-occupancy (RO) deed restriction on the single-family dwelling unit being constructed. 6) Providing a Certificate of Affordable Housing Credit as mitigation, pursuant to Section 26.540.060 Authority of the Certificate, commensurate with the net increase Page 2 of 3 of square footage, according to Aspen/Pitkin County Housing Authority Guidelines, as amended. The applicant is requesting to amend Condition 4 to state: "At such time as development is proposed for Lot 2, the applicant shall mitigatefor affordable housing pursuant to the provisions of Sec 26.470.060 of the Land Use Code, as may be amendedfrom time to time. " This will enable any future development on the property to be subject to the affordable housing mitigation in place at the time of any building permit. In addition, Condition 5 of the Ordinance states, "Prior to issuance Of any building permits, Deed Restrictions for the Accessory Dwelling Unit shall be approved by the Housing Authority and recorded by the Pitkin County Clerk and Recorder's Office." Condition 5 becomes obsolete if the language in Condition 4 is amended - if the applicant chooses a different form of mitigation this section is unenforceable and could create confusion. The applicant has not requested to amend this language, but staff recommends the language be eliminated. Staff Comments: Staff finds the request meets the Subdivision review criteria. The request will bring the property into conformance with today's code and the different options for mitigating new development. The six options currently outlined in the code may change in the future as the City continues to refine its growth management system. Staff therefore recommends that the amendment allow any development on Lot 2 to be subject to the affordable housing requirements in place at the time of a building permit. Specifically, Staff recommends in favor of amended language for Condition 4, and recommends in favor of eliminating Condition 5, as it becomes obsolete if Condition 4 is changed to recognize the language in the current Land Use Code. REFERRAL COMMENTS: The APCHA Board reviewed this project and recommended in favor of the proposal. Their written comments are attached as Exhibit B. RECOMMENDATION: Staff recommends approval of the request. RECOMMENDED MOTION: "I move to approve the request for an Amendment to Conditions 4 and 5 in Section 1 of Ordinance 15, Series of 1992 which granted the Hume Lot Split, as noted in Ordinance No. , Series of 2012 on First Reading" ATTACHMENTS: EXHIBIT A - Review Criteria and Staff Findings EXHIBIT B - Referral Comments EXHIBIT C - Application Page 3 of 3 ORDINANCE NO.&11, (SERIES OF 2012) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING AN AMENDMENT TO CONDITIONS 4 AND 5 IN SECTION 1 OF ORDINANCE 15, SERIES 1992, WHICH ESTABLISHED THE HUME LOT SPLIT AND AFFORDABLE HOUSING MITIGATION REQUIREMENTS FOR DEVELOPMENT ON LOT 2, LEGALLY DESCRIBED AS: HUME LOT SPLIT, LOTS 1 & 2, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID 2735-121-280-02 WHEREAS, the Community Development Department received an application from EFH Holdings, LP, represented by Alan Richman, requesting approval of an amendment to Ordinance 15, Series of 1992 which established the Hume Lot Split and required that any development on Lot 2 of the Lot Split have an Accessory Dwelling Unit; and, WHEREAS, the property is zoned Medium Density Residential, R-6; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended in favor of the proposed amendment; and, WHEREAS, pursuant to Section 26.480.080, the City Council may approve a Subdivision Amendment, during a duly noticed public hearing after considering comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, during a duly noticed public hearing on August _, 2012, the City Council approved Ordinance No. _, Series of 2012, by a to C_ -_3 vote, approving an amendment to Ordinance 15, Series of 1992 through a Subdivision Amendment; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. Ordinance No , Series 2012 Page 1 of 3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council herby amends Conditions 4 and 5 in Section 1 of Ordinance 15, Series of 1992 to state: 4. At such time as development is proposed for Lot 2, the applicant shall mitigate for affordable housing pursuant to the provisions of Sec 26.470.060 of the Land Use Code, as may be amended from time to time. Said section outlines the mitigation options for mitigating affordable housing impacts created by single family and duplex development. 5. Condition 5 is hereby stricken in its entirety. Section 2: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council. are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 5: A public hearing on this ordinance shall be held on the 1 0th day of September, 2012, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the day of August, 2012. Ordinance No , Series 2012 Page 2 of 3 Attest: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor FINALLY, adopted, passed and approved this day of ,2012. Attest: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor Approved as to form: City Attorney Ordinance No , Series 2012 Page 3 of 3 Exhibit A, Staff Findings 26.480.080. Amendment to subdivision development order. B. Other amendment. Any other amendment shall be approved by the City Council, provided that the proposed change is consistent with the approved plat. If the proposed change is not consistent with the approved plat, the amendment shall be subject to review as a new development application for plat. Staff FindinEs: The applicant proposes to amend the language in the original approval Ordinance, Ordinance 15 Series of 1992. That ordinance approved a lot split for the property, creating Lot 1 and Lot 2 of the Hume Subdivision. At the time, the land use code required that any new home have an Accessory Dwelling Unit provided as affordable housing mitigation. Today, the land use code establishes a number of options for the development of a new home. These include Cash-in-lieu, the use of an Affordable Housing Credit, or the construction of an ADU. The applicant is interested in amending the approval to take advantage of the existing options outlined in the code. Today's code provides more flexibility then the code in place in 1992. Staff finds that the request is consistent with the original approval because it reverts to the code in place at the time of the proposed development. Staff recommends in favor of the change. Exhibit B, APCHA Referral Comments MEMORANDUM TO: Jessica Garrow FROM: Cindy Christensen DATE: August 1,2012 RE: MITIGATION FOR DEVELOPMENT OF LOT 2, HUME LOT SPLIT ISSUE: The applicant is requesting an amendment to a condition that requires the construction of an accessory dwelling unit (ADU) and would like to provide a cash-in-lieu payment instead of the required ADU. BACKGROUND: Ordinance 15, Series of 1992, created a lot split which created Lot 2. The property is located along Lake Avenue and is currently a vacant lot. A condition was that an ADU was to be included on the newly created lot and that must comply with the APCHA's requirements. This was based on the construction of a single-family home on the lot and was a requirement under the Land Use Code in 1992. According to the Land Use Code today, an applicant has the option to mitigate by providing an on- site ADU or Carriage House, provide an off-site affordable housing unit, or record a RO restriction on the new unit. The applicant has no interest at this time to develop Lot 2; however, the applicant has agreed to provide placement of the one of the cabins removed from the Aspen Jewish Community Center. Ordinance 15, Series of 1992, would require the applicant to construct an ADU on the property about the same size as the cabin; therefore, the applicant is seeking approval to mitigate with the payment-in-lieu. The current mitigation for the 320 square foot cabin would be 320 X $76.93 (current payment-in-lieu fee for new construction) = $23,617.60 since the lot is currently vacant; however, the amount that would be paid would be based on the amount in effect in the APCHA Guidelines at the time of building permit submission. DISCUSSION: The applicant stepped forward when the Aspen Jewish Community Center was looking for places to relocate three of the nine original cabins that was required by the HPC for the redevelopment of the old L'Auberge property. The applicant would like relocate the cabin on the property without the requirement of also providing an accessory dwelling unit. When the applicant decides to construct a single-family residence on Lot 2, the applicant will consider at that time whether the cabin could serve as an ADU, or if the cash-in-lieu should be paid based on the new residence, or one of the other options stipulated in the Land Use Code. Lot 2, Hume Lot Split Amendment Page 1 At the time of the construction of the single- family residence. a payment-in-lieu fee would be based on the square footage of that structure, minus the 320 square feet of the cabin, times the amount stated in the APCHA Guidelines at the time of that building permit submission. RECOMMENDATION: The APCHA Board reviewed the application at their regular meeting held August 1, 2012, and due to the failure of the ADU program, recommends approval of the payment-in-lieu fee, based on the amount in effect at the time of building permit submission. APCHA would also recommend the use of the affordable housing credit certificate program for the future development ofthis lot. Lot 2, Hume Lot Split Amendment Page 2 I Exhibit 6 Atâ€ž 72*idt,PVLH. Ataâ€¢utâ‚¬*t, Sewâ‚¬ea â‚¬6x 8613 AaÂ»i, (3*6ta,6 2 1612 Putel'?duc (970)920- 1125 WricUdit(%16#,tia. ict June 25, 2012 RECEIVED JUN 2 6 2012 Ms. Jessica Garrow, Planner City of Aspen Community Development Department CITY OF Aer'EN 130 South Galena Street COMMUNITY DEVELOPMENT Aspen, Colorado 81611 RE: APPLICATION FOR SUBDIVISION AMENDMENT FOR LOT 2 OF THE HUME LOT SPLIT Dear Jessica, This is an application requesting an amendment to a condition that applies to Lot 2 of the Hume Lot Split. The Hume Lot Split is located along Lake Avenue (see vicinity map shown on proposed site plan). The Pitkin County Parcel ID# for Lot 2 is 273512128002. A street address has not yet been assigned to this property as Lot 2 is a vacant lot. The application is being submitted by EFH Holdings, LP, the owner of Lot 2 (hereinafter, "the applicant"). Proof of the ownership of the property is provided in the form of the warranty deed to the property (see Exhibit #1). The applicant has designated Alan Richman Planning Services, Inc. as its representative for this application (see the letter attached hereto as Exhibit #2). The applicant is proposing to relocate onto Lot 2 one of the small, original cabins that was recently removed from the L'Auberge property. However, in order to do so, staff has informed the applicant that it will first be necessary to amend Condition #4 of Ordinance 15, Series of 1992, which is the ordinance that created the lot split (see Exhibit #3). Condition #4 reads as follows: An Accessory Dwelling Unit must be included on the newly created lot as this is a requirement of the Lot Split. The Accessory Dwelling Unit must comply with the Housing Authority's requirements and must receive Conditional Use approval by the Aspen Planning and Zoning Commission. The applicant would like to amend this condition so that it is not necessary to provide an ADU in order to place this cabin on the property. Instead, the applicant would prefer to be allowed to comply with the City's current mitigation requirements for affordable housing which include not only provision of an on-site ADU but also payment of an in-lieu fee. Given the very small size of the cabin (approximately 320 sq. ft.), a payment in-lieu is a much more reasonable form of mitigation than development of an on-site ADU. Ms. Jessica Garrow June 25, 2012 Page Two Several pre-application discussions were held between the applicant and staff of the Community Development Department. A copy of the pre-application form staff provided to the applicant is attached hereto as Exhibit #4. According to the form, the applicant has been directed to respond to the following sections of the Land Use Code: 26.480.080: Amendment of Subdivision Development Order (Other Amendment). The applicant is also submitting an administrative land use application, requesting variances to three (3) of the City's residential design standards. These variances are necessary to accommodate the cabin on the site without changing its appearance. The following sections of this application are organized to demonstrate how the proposal complies with the applicable review standards of the Aspen Land Use Code. First however, some background information is presented describing the existing conditions of the lot and tracing the history of the prior land use approvals granted to property. Background information The Hume Lot Split Subdivision Exemption was approved by the Aspen City Council pursuant to Ordinance 15, Series of 1992. The final plat of the Hume Lot Split is recorded in Plat Book 29 at Page 55 of the Pitkin County records and the Statement of Subdivision Exemption is recorded in Book 685 at Page 858 of those records. The plat shows that Lot 2 has an area of 15,909 sq. ft. The lot is generally flat along its front portion but then drops off steeply along the rear, below the bluff toward Hallam Lake. There is a grove of mature trees (Aspen trees and conifer trees) along the western edge of the property and at the top of the bank, towards the rear of the property. Lot 2 is otherwise undeveloped, except for man-made planting in the garden. The property is zoned R-6, a zone district with a minimum lot size of 6,000 sq. ft. Therefore Lot 2 is a conforming sized lot of record. Subdivision Amendment The applicant proposes an amendment to the Hume Lot Split Subdivision Exception. The amendment would revise Condition 4 of Ordinance 15, Series of 1992. That condition reads as follows: An Accessory Dwelling Unit must be included on the newly created lot as this is a requirement of the Lot Split. The Accessory Dwelling Unit must comply with the Housing Authority's requirements and must receive Conditional Use approval by the Aspen Planning and Zoning Commission. Ms. Jessica Garrow June 25, 2012 Page Three The applicant proposes to amend this condition to read as follows: 4. At such time as development is proposed for Lot 2, the applicant shall mitigate for affordable housing pursuant to the provisions of Sec. 26.470.070 B of the Land Use Code. Amendments to approved subdivisions are addressed in Section 26.480.080 of the Aspen Land Use Code. This section provides for what are identified as "insubstantial amendments" (Sub-section A) and "other amendments" (Sub-section B). An insubstantial subdivision amendment \s limited to "technical or engineering considerations first discovered during actual development which could not reasonably be anticipated during the approval process or any other minor change to a plat that has no effect on the conditions and representations limiting the original plat". An insubstantial amendment may be authorized administratively. Other subdivision amendments (that is, amendments which do not qualify as insubstantial amendments) require review and approval by the Aspen City Council, "provided the proposed change is consistent with the approved plat". The proposed amendment does not qualify as an insubstantial subdivision amendment because it is not a technical or engineering consideration. Therefore, by definition the amendment is considered to be an "other amendment". This means that the amendment must be determined to be consistent with or an enhancement of the approved final plat in order for the amendment to be approved. The proposed amendment is consistent with the original approval because the terms of the original approval reflected the Land Use Code language of the lot split subdivision exemption that was in effect in 1992. At that time, to be eligible for a lot split the applicant was required to develop an ADU on the newly created lot. Today, an applicant who proposes a lot split is given a series of options for how to mitigate for affordable housing. These options include providing an on-site ADU or Carriage House, providing an off-site AHU, paying an affordable housing impact fee, or recording an RO restriction on the new unit. Lot 2 has remained undeveloped for the 20 years since the lot split was approved. The applicant seeks this amendment so that development of Lot 2 will be subject to the current Code, just as the prior condition required development of Lot 2 to comply with the then current Code. Granting the applicant the same level of flexibility that is given to all other applicants by the current Code is a reasonable and fair approach that will permit this site to be used for the cabin. Providing a site for the relocation of one of these post-World War 11 cabins (built for what was once known as the Swiss Chalets) achieves an important public purpose. Ms. Jessica Garrow June 25, 2012 Page Four When the Aspen Jewish Community Center first proposed the relocation of three of the nine original cabins from its site, the HPC required the applicant to find locations for these cabins within the City. The AJCC expended considerable time advertising the availability of the cabins and seeking persons who would relocate them within the City. These efforts were not successful and the HPC ultimately decided to revise its requirements such that the cabins could be relocated outside of the City or could be demolished if there were no takers. EFH Holdings LP has now stepped forward and is willing to provide a location for one of the cabins within the City, in the Lake Avenue neighborhood. The applicant has no interest in building a single family residence on the lot at this time. The only development contemplated is the placement of the cabin on the site in the vacant spot shown on the proposed site plan. If the applicant were required to provide an ADU just to install the cabin that would force more development to occur on the site than is desired or appropriate at this time and would eliminate lose some of the gardens present on this lot, something the applicant is not willing to see happen. Moreover, it would require the applicant to build almost as much square footage for the ADU (minimum size of 300 sq. ft.) as is present in the cabin (320 sq. ft.). Therefore, the applicant seeks the ability to pay cash-in-lieu for this minor development activity, which is exactly what any other applicant who gets approval for a lot split today is able to do. At some point in the future, when a single family residence is ultimately planned for this site, the owner can consider whether this cabin could serve as an ADU, or if cash-in-lieu should be paid, or one of the other options should be pursued. So the City will not lose the opportunity to have an ADU on this site via this amendment. Instead, it allows the City to receive an immediate monetary gain via the housing impact fee, which will be supplemented in the future in the form of additional cash-in-lieu for any future square footage that is built, or one of the other forms of housing mitigation allowed by the Code. Based on these responses, the applicant respectfully requests that the Aspen City Council amend condition #4 of Ordinance 15, Series of 1992 in the manner written above to allow the cabin to be relocated to this lot. We believe that these responses and the attached materials provide all of the information required to process this application. However, if there is anything else I can provide to you or any other questions I can answer please do not hesitate to contact me. Sincerely, ALAN RICHMAN PLANNING SERVICES R_ 2Lf Alan Richman, AICP EXHIBITS EXHIBIT #1 100Â·00 WARRANTY DEED THIS DEED, made this 29 day of DECEMBER 1997, between ANTHONY HUME OF THE COUNTY OF Drtu-AS STATE OP TX GRANTOR, AND EFH HOLDINGS, LP, A CALIFORNIA LIMITED PARTNERSHIP, GRANTEE whose legal address is : 137 CENTRAL AVE. SUITE 1, SALINAS, CA 93901 COUNTY OF , STATE OF CALIFORNIA WITNESSETH, That for and in consideration of the sum of ten dollars and other good and valuable consideration, the receipt and sufficiency of which ie hereby acknowledged, the grantor has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey and confirm unto the grantee, its successors and assigns forever, all the real property together with improvements, if any, situate and lying and being in the County of PITKIN, State of COLORADO, described as follows: LO'r 2, HUME LOT SPLIT, according to the Plat thereof recorded August 11, 1992 in Plat Book 29 at Page 55. 411976 TRANSFER DECLARATION RECEIVED 12/29/1997 , TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and estate, right, title, interest, claim and demand whatsoever of the grantor reversions, remainders, rents, issues and profits thereof, and all the u- , either in law or equity, of, in and to the above bargained premises, with 1 , the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, its successors and assigns forever. , And the Grantor, for itself, its successors and/or assigns, does covenant, grant, bargain, and agree to and with the Grantee, its heirs and assigns, that at the time of the ensealing delivery of the presents, he is i well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, I sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, ' liens, taxes, assessments, encumbrances and restrictions of whatever kind , or nature soever, except those matters as set forth on Exhibit "A" attached hereto and incorporated herein by reference. The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the pl,ural the singular, and the use of gender shall be applicable to all gendeis. E) 4 1 AL ANTANY H*E , . - 1 11111111111111111111111111 lili 111111111111111 lili lili 411978 12/29/1997 04:11P WO DAVIS SILVI 1 of 2 R 11.00 0 100.00 N 0.00 PITKIN COUNTY CO STATE op(1 lorDL 1 COUNTY OF F \41- '4Â·u ) SS. The foregoing instrument was acknowledged before me this ,;F'l day of D'k... 19 6 47 ' by ANTHONY HUME. WITNESS my hand and official seal < 1.1 . iUn. tru- my commission expires: Â·' 0, . . . Notary Public 45 4 I 919 i r 2321/0/ .; C . - 29- f 91 1 f&9 7 c~r~~ pOT l.2490 EXHIBIT "A" 1. Taxes for. the year 199J not yet due or payable. 2. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patent recorded June 8, 1988 in Book 55 at Page 2. 3. Terms, conditions, provisions and obligations as set forth in Grant of Easement recorded September 13, 1971 in Book 257 at Page 721. 4. Terms, conditions, obligations and all matters as set forth in Statement of Exception from the Full Subdivision Process recorded August 11, 1992 in Book 685 at Page 858. 5. Easements, rights of way and all matters as disclosed on Plat of subject property recorded August 11, 1992 in Plat Book 29 at Page 55. 1111111 lilli 111111 lilli 11'11 lili 1111111111 lilli 11111111 411976 12/29/1997 04:11P WD DAVIS SILVI 2 .f 2 R 11.00 D 100.00 N 0.00 PITKIN COUNTY CO EXHIBIT #2 Ms. Jessica Garrow, Senior Planner City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: LETTER OF AUTHORIZATION FOR LOT 2, HUME LOT SPLIT Dear Amy and Sara, EFH Holdings LP is the owner of the Lot 2 of the Hume Lot Split, located along Lake Avenue. I hereby authorize Alan Richman Planning Services to submit an application for Subdivision amendment and Residential Design Standards Variances for this property. Mr. Richman is authorized to submit this application on our behalf and to represent us in meetings with staff and the applicable decision-making bodies. Should you have any need to contact us during the course of your review of this application please do so by calling Mr. Richman at the phone number he has provided in the land use application. Sincerely, Ctill- -9-44 C- EFH Holdings, LP Ellen F. Hunt, Partner P.O. Box 8770 Aspen, CO 81612 970-925-8838 EXHIBIT #3 ORDINANCE NO. 15 (SERIES OF 1992) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SUBDIVISION EXEMPTION FOR A LOT SPLIT, 330 LAKE AVENUE, LOTS 5,6,7,8 AND 9, BLOCK 103, HALLAM SUBDIVISION, CITY AND TOWNSITE OF ASPEN. WHEREAS, pursuant to Section 24-8-104 C. 1. (a) of the Municipal Code the applicant, Anthony Hume, has submitted an application to a lot split; and WHEREAS, a lot split shall be considered a subdivision exemption subject to review by the City Council; and WHEREAS, the staff has reviewed the lot split application and has found that the two created lots conform to the minimum lot size of ~Â£~~ the underlying zoning of R-6, the parcel has not been subject to subdivision by the Board of County Commissioners or City Council or subdivision after March 14, 1969, and a final plat shall be filed with the City Clerks office containing all pertinent notes regarding future development; and WHEREAS, staff recommends to the City Council approval of the lot split with conditions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY' OF ASPEN, COLORADO: Section 1 That it does hereby approve the lot split for the property located at 330 Lake Avenue, Lots 5, 6, 7, 8 and 9, Block 103, Hallam Subdivision, with the following conditions: 1. A plat shall be, filed with the Pitkin County Clerk and - <~ Recorder within 180 days of final approval. The plat shall be reviewed and approvedÂ· by the Engineering and Planning Departments and shall include the following: a. Final plat contents shall comply with Section 24-7-1004- D.2 of the Municipal Code. There must be language on the plat that states that all easements indicated on title policy No. , dated (within past twelve months) have been shown on the plat. The plat must show Hallam Addition lot and block lines and designations. The plat shall contain a note that states that a permit is required from the City Public Works Agency for any work performed in the public right-of-way. b. A note indicating that prior to issuance of a building permit for development on lot 2, the applicant shall submit a drainage plan to the Engineering Department. C. All fences shall be depicted on the plat to determine the fence location and the ownership of the property. d. A note referencing the Environmentally Sensitive Area and shall read as follows: Any development on these lots is subject to review for compliance with Ordinance No. 71 (Series of 1990). e. The plat shall provide one 4'x4' (four foot by four foot) utility pedestal easement and lot line and transformer utility easement as needed. 2. Prior to final plat approval an encroachment license shall be obtained for the fence on proposed lot 2. 3. A Subdivision Exemption Agreement listing the conditions of approval shall be recorded with the final plat. 4. An Accessory Dwelling Unit must be included on the newly created lot as this is a requirement of the Lot Split. The Accessory Dwelling Unit must comply with the Housing Authority's requirements and must receive Conditional Use approval by the Aspen Planning and Zoning Commission. 5. Prior to issuance of any building permits, Deed Restrictions for the Accessory Dwelling Unit shall be approved by the Housing Authority and recorded by the Pitkin County Clerk and Recorder's Office. 6. The applicant shall consult City Engineering for design considerations of development within public rights-of-way and shall obtain permits for any work or development within public rights- of-way from City Streets Department. 7. The applicant shall agree to join any future improvement dis- tricts which may be formed for the purpose of constructing improvements in the public right-of-way. 8. The applicant shall remove the fence along the ditch easement so as not to obstruct ditch maintenance if in fact maintenance is obstructed. Section 2: That the City Clerk be and hereby is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 3: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. Section 4: ~~ This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5: A public hearing on the Ordinance shall be held on the 23th day of March, 1992 at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the gUL day of , 1992. %23_51(- John Bennett, Mayor ATTEST: 6~UÂ»Â© 1 1421- Kathryn ~. Koch, City Clerk <~ FINALLÂ¥, adopted, passed and approved this /39'L- day of -â‚¬,0 , 1992. John liennett, Mayor ATTEST: - 4442 22.Â£1& Kathrfn * Koch, bity Clerk~ Gnk *9 5. 5.5- .STMVG MENT 04 OWNIER -3 CERTIFICA'E F!NAL PLAT <Lan,pTioh j A=3Rt~ r~-- 81< 6 95 - HUME LOT SPLIT Poic, 7 s C -Â». - - -6~ I.I.-- ~ SU ~7*1, .. p - ERDMAN PARTHaSHIP LOT SPLIT i LOT 2 . LOT 1 ....- - ... 1-.-7=L- .......- 41 657421 1 , , V I U N I TY MAP . - le ..--I.....W... 'P LOT 2 13% 5ETMO<S 1-â‚¬ -1, ..1/6,Â£.:'Ht/://.65E'. 0 P PLAT NOTES If ...Z 41 1 4 1 --Il--' d A n k . / A.,-1 - 7,6 E ~ LJ~S. V.*M LOT 2 1. *A -J Ill -- it.. â€ž . . ..........W.- -6 : 2- - - 4- - - -1271-1 hALLAM -.......... - /2 1 ' 77 y ' n -\ 11'-LAKE 01*MAT *\./ .... -1- l illi W 4-11 1'1 , 4-+ 9- - 1 . , Â£ , ASPEN 11 b . LEGAL DESCRIPTION N CENTER SURVEYOR -3 CERTIFICITE 1 - 1 1.- FOR Â£ ix / \ --Ii <&*4&)2. Lot 1\ P ENVIRONMENTAL filt~Â· STUD ES . . . 1 81 1 e 22637:lf:/1.11-4-~pa' S ...0. -ltip,6 <11 'LANNING 6 ZONING ADPROVAL LEGEND AND NOTES 31, Fl'\ 1 1 li ~*IÂ© ZO,T A A -4*r & 64 ..|10 ..I. V. I.- *-6Â« I- I - .n- .-- CITY COUNCIL APPROVAL ~E==,4.,~ a,9 SCALE . I .... 10 - 71.* -/0 tleg'.:ES.7::r.$.*./ ' -d>.4 0....2 ...442*LTÂ«k TAGgESSEST 6-1 -n. PARCEL I - -A...." -'.- -â‚¬'. MARSHALL LOT SPLIT RECORD NG CERT F:CATE Â£=---r.==2Â£111#166--1 '- ASPEN S URVEY ENCINEEKS. IN C :US:;'.-Z.*-#"~~~~I=-:4=11= WT, c. ., -- Â· c.*raa,Â·.,tÂ·,- , {~Â· f h -- .. -- ... .... 0 --- - .- SHEET ! OF I EXHIBIT #4 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Jessica Garrow - 970.429.2780 DATE: 5.17.12, updated 6/7/2012 PROJECT: Hume Lot Split Amendment REPRESENTATIVE: Gideon Kaufman, qk@kpdlaw. corn Alan Richman, arichman@sopris.net TYPE OF APPLICATION: Amendment to approved Lot Split, Subdivision, Other Amendment, Residential Design DESCRIPTION: The applicant is interested in amending the affordable housing condition that was approved as part of the original Hume Lot Split. The Hume Lot Split was approved via Ordinance 15, Series of 1992. Condition 4 of the approval requires that an on-site Accessory Dwelling Unit be provided as affordable housing mitigation when a building is constructed or placed on Lot 2. Condition 5 requires that a deed restriction be approved by the Housing Authority. The applicant would like to remove this condition, and be able to use the mitigation requirements in place in the Land Use Code today. These would include an option to build an on-site ADU, provide a housing credit, or provide cash-in-lieu. This requires an amendment to the Ordinance approving the Lot Split. The Applicant will need to submit a Land Use Application requesting an Amendment to the Subdivision Development Order - Other amendment. Because this is an amendment to a City Council Ordinance, this amendment is reviewed by City Council. The Applicant is interested in relocating one of the L'Auberge cabins on Lot 2. The cabin is approximately 300 square feet and does not meet the Residential Design Standards. Among other items, it does not have a front porch or a front door. The applicant is not interested in changing the cabin in anyway - she would like to move the cabin and place it on the site as - is. Because the cabin does not comply with the Residential Design Standards, and there is no exemption for the relocation of existing buildings, the applicant is interested in requesting variances from the Residential Design Standards. Based on staffs initial review of the cabin and lot split plat, it appears the following variances are required: Secondary Mass (26.410.040.B.1), Entry Door (26.410.040.D. 1.a), Entry Porch (26.410.040.D. 1.b). Additional variances may be required, depending on the final design and site plan. Because the Ordinance will be open for changes related to the affordable housing mitigation, this request can be processed as part of the same process, per section 26.304.060.B. 1, Combined Reviews. In addition, the relocated cabin must qualify as a dwelling unit under the City of Aspen Land Use Code. Please note that a portion of this lot is located with the Hallam Lake Bluff Review area. Any development proposed in this area will require a Hallam Lake Bluff Review by the Planning and Zoning Commission. Based on the pre-application meeting, staff believes the cabin is proposed to be relocated outside of the Hallam Lake Bluff area. Confirmation of this is required as part of the application. Below are links to the Land Use Application form and Land Use Code for your convenience. Land Use Application Form: Land Use application Land Use Code: Land Use Code Land Use Code Section(s) 26.104.100 Definitions - Dwelling Unit 26.304 Common Development Review Procedures 26.304.060.B.1 Combined Reviews 26.410 Residential Design Standards 26.480.080 Amendment to subdivision development order Review by: - Planning Staff for compliance/completeness - APCHA for Housing referral - City Council Public Hearing: Required Planning Fees: $1,890.00 Deposit for 6 hours of staff time. Additional staff time required is billed at $315/hour Referral Fees: Housing Referral - $945.00 (flat fee) Total Deposit: $2,835.00 Total Number of Application Copies: 13: 3 for Staff and Referrals, 10 for Council To apply, submit the following information: 1. Total Deposit for review of application. 2. 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. 3. Street address and legal description of the parcel on which 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. Completed Land Use Application. 5. Signed fee agreement. 6. Pre-application Conference Summary. 7. An 8 1/2" x 11"vicinity map locating the subject parcel within the City of Aspen. 8. Photos of each side of the cabin proposed for relocation to the site, and an existing floor plan. 9. A proposed site plan and visuals indicating what the cabin will look like on the site. 10. Responses to the Residential Design Standards. 11. Proof of ownership. 12.A copy of all previous approvals and plats for Lot 2 of the Hume Lot Split. 13. Proposed language amending Ordinance 15, Series of 1992. 14. An updated survey that includes the location of the Hallam Lake Bluff Review. 10.A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. i~ PROPOSED CABIN SITE PLAN LEGEND AND NOTES LOT 2, HUME LOT SPLIT . ...... C- 1 - ##49271Â£.EGEAE i hagE/Â£26 SCALE a.:T,5.9:71&242* - -I' 0 - *** .*- 'Â·C-*-/I~1 . m . ERDMAN PARTNERSHIP LOT SFLIT I .100 EAM--1 ... la7.94 i ; :I.. LOT 2 LOT I VICINITY MAP .,M/'m.17 w.- Ar J / ireq~- Â¢ 1 - 'U i Z LF *~f 4131 1 13 611 VACANT 1-- 2 1 *,9: ~ ..0, LOT >., Â¥ HALLAM t - 1 1 W C.., eooâ‚¬ 2â€¢5 Al 434 JaÂ· < H ./1 ...1 1. 11 ~LLLMPAY 1 -4 1 / 7Â£' f ASPEN 1 - 1 LOT 1 1 I CENTIR Tkigi#ECE.Eg.Â·ME=*9.:iFE;EE: FOR ENVIRONMENTAL STUDIES ,- . -... .,1 â€žW LEGAL DESCRIPTION 2.97= P.,PAR,0., Al,IN Sual- ./.IHERâ€¢$. 1 WC 2,0 SOU- Gâ€¢LE- ST*EET ASâ€¢â‚¬l. COLORAOC 'â€¢Ill I-"Al ./01 ./~/.6 22*9:92.211Â£Jp.,1~- .., 6/12 7174: /Z i,0, - Â· 9 Â· .il* Â· . J $ 44"t'*2913404131 '34*91 1 0 ..1--2 5.-4'trd.*4/2 1*8:;93:Â£ 0 ; U 5:44 S . .k -942*04~*4*:4. Vif' *. 41 3 Ne- I 4 1.. '.4 Â¥ . 1~,4 ,-t. ava t. t.u 14.59%4~,49<1~4119 , . lt'* .efrrk .-r. 9 0... *70*T. f' . 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A.11 ~ '*r 4 = -9*<14 â‚¬ P. 43.-, 1'*/4/imbj"lib, I ..17*Lf, 1 1%45L.% ..~I '47~Z *--ill- *4 4. & 1 , 94*.-%314/64 Â·4,< I I ,â€¢' 484 0 +Aft~ t, ~,1.,1 21' e:â€¢:..'it,t=-,Â¥U a.Â· . lit,fs.... ': 1. * 241<. '' t . . . 0 . . . . PROPOSED CABI N SITE PLAN LEGEND AND NOTES o FOUND SURVEY MONUMENT REBAR WITH CAP AS NOTED N LOT 2, HUME LOT SPLIT SURVEY CONTROL THERE IS NO RECORD SUBDIVISION PLAT FOR HALLAM'S A ADDITION TO THE CITY OF ASPEN. THE FOLLOWING PLATS IN BLOCK 103 WERE USED TO DETERMINE THE POSITION OF THESE LOTS 1. WILLIT'S MAP OF ASPEN 1896 2. HUME SURVEY BY G.H.PESMAN 9/6/67 3. PAEPKE SURVEY UNDER THE DIRECTION OF G.E. BUCHANAN, COUNTY SURVEYOR SCALE ELEVATIONS BASED ON CITY OF ASPEN GPS MONUMENT BY GH PESMAN 10/9/67 NO. 8 EL-7882.758 (1929 NVGD) 1 INCH - 20 FEET 3 12, o WOOD POLE FENCE 0 20 40 CONTOUR INTERVAL IS I FOOT VICINITY MAP I-5-D 1-6-D 3-7-D A 9'DL ~ 2-30 -01 f 99 n D -=GILLESPIE AVELL.JPIE *VEf IE AVE 1 - --I-li I gl Z -PEARL CT---~ <= SITE 3 LU-[-11 ~ L 1-5-D 5-6-D < un 8'DL / ~44111U .Sy vy*6.-0\ CITY OF ASPEN ,/4/ GPS MONUMENT ; NO. 9 NOT I CE: ACCORD I NG TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT ON THIS PLAT WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS PLAT BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. THE CERTIFICATION t S VOID IF NOT WET STAMPED WITH THE SEAL OF THE SURVEYOR. .. mu, EDGE OF PAVEMENT . 'fl 0 1 0 0 . I ..0 .... . , 4 . 1 . D .: 1 1 0. .... . 0 1.1 . I ......: 1. . 0 1 . : /.0.0. 0 1 0 0 , 1 . . D ': 0 . ... 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'*t .: 4 0 ..: RECEIVED Ovt .2 6 2012 CITY OF- ARPEN COMMUNITY DEVELOPMENT DEPARTMENT .1 Agreement to Pay Application Fees An agreement between the City of Aspen ("City") and Property El:H Holdings, LP Phone No.: 970-925-8838 Owner ("1") Email: ellen.f.hunt@comcast.net Address of Lot 2, Hume Lot Split Address Billing P.O. Box 8770 Property: Address not assigned on Lake (subject of ~ Aspen, CO 81612 application) Avenue, Aspen CO (send bills here) I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. 945 APCHA (Housing) 0 Select Dept $ flat fee for $. flat fee for _ 0 $ flat fee for Select Dept 0 Select Review $ flat fee for For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. 1 understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. 1,890 6 $ deposit for hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $315 per hour. $ deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $265 per hour. Cityof Aspen: Property Owner: 81 k dun i Chris Bendon Community Development Director Name: EFH Holdings LP Title: Ellen Hunt, Partner City Use: 2835 Fees Due: $ Received: $ November, 2011 City of Aspen I 130 S. Galena St. I (970) 920-5090 1â€¢1 ..4l, ,â€žIVED LAND USE APPLICATION JUN 2 6 2012 APPUCANT: CITY OC COMMUNITV 42, EA' Name: i g K \lag 'hls Le Location: L.\ a . B.a -L L.\ <elA . l.Â·AKe- 4,&-4 jâ€¢,Â·Â·~ pAAn ; FlofteN; (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 1135 0 \34 00 3 REPRESENTATIVE: Name: Auo- 9- 6*44 9(A..414Ne.le Address: Po 40,4 3,6Lb A-> e- Ce 9,6 (1_ Phone #: 41 0 *Le lu,f PROJECT: Name: ix-i,4.-4 44 44-, l. 11: Sel<\ 4 744. 4%4~44 OAL.A-+1 Address: LA -2, I Qu-2. L.& 56.t 1 0 8-,< 9110 4.- G 9 , & rz Phone #: t-bo Clb< <My 3 5' TYPE OF APPLICATION: (please check all that apply): U Conditional Use U Conceptual PUD U Conceptual Historic Devt. C Special Review U Final PUD (& PUD Amendment) U Final Historic Development El Design Review Appeal U Conceptual SPA ~ Minor Historic Devt. 1 GMQS Allotment Â¤ Final SPA (& SPA Amendment) C] Historic Demolition U GMQS Exemption 81 Subdivision 4-1-9- Vaâ‚¬.1 U Historic Designation E ESA - 8040 Greenline, Stream ~ Subdivision Exemption (includes U Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane U Lot Split Â£ Temporary Use 8 Other: 4. 0 â€¢9 4 4 54, s U Lot Line Adjustment El Text/Map Amendment V A#- .AV,â€¢CU EXISTING CONDITIONS: (description ofexisting buildings, uses, previous approvals, etc.) See- 54 ..1.1 4\6,-4 PROPOSAL: (description ofproposed buildings, uses, modifications, etc.) let .441 44Â£.w Have you attached the following? FEES DUE: $ 293 f ~ Pre-Application Conference Summary Attachment #1, Signed Fee Agreement ~ Response to Attachment #3, Dimensional Requirements Form Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards THE CITY OF AsPEN Land Use Application Determination of Completeness Date: April 25,2012 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0038.2012.ASLU - 0 Lake Ave.. The planner assigned to this case is Jessica Garrow. J Your Land Use Application is incomplete: We found that the application needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following additional submission contents for you application: Please submit the aforementioned missing submission items so that we may begin reviewing your application, No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. ~d~Your Land Use Application is complete: / If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. *g:nk-You, - c >Â» Â»02_ Lieffilifer P~kn, Deputy Director - City o f Aspen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required SPA PUD COWOP Yes No Subdivision (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes No Commercial E.P.F. 101 ID 2731 12(2 600 2- 0 03% - 2 0 1 2- AS LU . . ..~.--I ..Â· :12.1~1â€¢Â£.dU..6211=bl2124.,Ji-..i- '1. File Edk Re(Ird Nav~gate FQrm Report Format Iab delp 1@~IX) 84~~iltijadd,1 IN 4 j >10jinnpl iÂ¥~gOIG~ 12 0 13 3 0 .~1/00 a ~~ 98 ~ Roubng Ratl5 ~Feei |Fee Summarl ~Min 2 &[tbra ~ Attachments Routing Nitory Wuatim i ArchRU Custom Fieks 5ub Pefmt Picek | g , IYM~~000'0 ,9 * a , Â«37&7 g /typ *Ii 'Aspen LId Use ~Permt# 0038.2012,ASLU ur 9â‚¬=./. ~ ~dress 0 LAKE AYE ASPEN ; *5Â®8 HUME LOT SPLIT ~3.~- ~- .9,&10>-' - .'.2, ~ ti * ASPEN .1-, t RdeR--1 +12 1 -Awlilililiwilililillililliggl./. .1.:C~ Â£~PemtInigmibn ;~-.~:~,---- .Â·.~~2:Y:f~:................m f Mister * RouthgwEE AP~*012 1 '~ z:Roject Statui pending ApproÂ¥64 1 6 Degiptbo APPIAEN FOR RESIDENTIAL DESIGN STANDARDS VARIANCES FOR EFH Issued ~ ~ HOLDINGS, 6 PLUS DOCUMENTS FOR SUBDIVISION AMENDMENT FOR LOT 2 OF H HUMELOT SPUT - NOTED FOR CITY COUNCIL Â»811 1 Submtted ALAN RCHMOID 9201125 Clock 'Fi~ Days ~ Ex@e~ ~601$2013 ~ Submtted Ma - Owner FF Â·: M name EFH HOLD!'0$ LP Frst ne 7 phone ()- Address ;Â·,iij 0 11 . Appkat E OWnel Â£ apÂ®N? 0 COnlisclok appkall? i ~ Last Eme EFH 10.DINGS LP First name ~~ phone C b (ust # 29306 Address ~ lender 1 last name Frd name 1 Phcm<) Ada6; CÂ», 3# 3 9\ .....- , -u.. .. -:. . , kpenGo@5i:elvell angebs I 1 *]. ...6. Ck 129 T Ici Â»Ph -8 1Fct 0 -00 Avt*21 93 5 .cyÂ© -4 4-f (.FL 4 ~-F k S Il 2_ 1 fmg60001 07 &*k Shle- Â»'Â·1+N+-**mÂ· 1"a 0 96