HomeMy WebLinkAboutLand Use Case.CU.200 Sesame St.A47-94
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CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 06/20/94 PARCEL ID AND CASE NO.
DATE COMPLETE: 2737-074-01-004 A47-94
STAFF MEMBER: ML
PROJECT NAME: Smith conditional Use for ADU & 8040 Greenline
Project Address: 200 Park Circle
Legal Address: Lot 5. Sunnv Park North Subdivision
APPLICANT: Robert and Glenda smith
Applicant Address: Box 3182. Aspen. CO
REPRESENTATIVE:
Representative Address/Phone:
925-3937
Aspen. CO 81611
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FEES: PLANNING $ 978 # APPS RECEIVED 5
ENGINEER $ 96 # PLATS RECEIVED 5
HOUSING $
ENV. HEALTH $
TOTAL $ 1074
TYPE OF APPLICATION: STAFF APPROVAL: 1 STEP: ---L 2 STEP:
P&Z Meeting Date-c! ~ Iq J liH4 PUBLIC HEARING: ~ NO
VESTED RIGHTS: NO
CC Meeting Date PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
DRC Meeting Date
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X
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REFERRALS:
City Attorney X Parks Dept. School District
City Engineer Bldg Inspector ______ Rocky Mtn NatGas
Housing Dir. _____ Fire Marshal CDOT
Aspen Water Holy Cross Clean Air Board
City Electric Mtn. Bell Open Space Board
Envir.Hlth. . X ACSD Other
X Zoning Energy Center _____ Other
DATE REFERRED: (pi z:v INITIALS: ~l;J DUE: f /'1,
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_ City Atty
_ Housing
_ City Engineer
_ Open Space
_Zoning
other:
Env. Health
FILE STATUS AND LOCATION:
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MEMORANDUM
TO;
Aspen Planning and Zoning Commission
FROM:
Mary Lackner, Planner
RE:
Smith 8040 Greenline Review and Conditional Use for an
Attached Accessory Dwelling unit - Public Hearing
DATE:
July 19, 1994
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SUMMARY: The Planning Office recommends approval of the Smith 8040
Greenline and Conditional Use for an approximately 1600 sq. ft.
addition that includes a 700 sq. ft. a.ttached accessory dwelling
unit with conditions. This addition is proposed to be attached to
an existing 2800 sq. ft. residence.
APPLICANT: Bob and Glenda Smith.
LOCATION: 200 Park Circle, Sunny Park North Subdivision Lot 5.
ZONING: R-15A MOderate-Density Residential.
APPLICANT'S REQUEST: The applicant requests 8040 Greenline Review
for an approximately 1600 sq. ft. addition to an existing residence.
The applicant is also seeking Conditional Use approval to build a
700 sq. ft. accessory dwelling unit within this proposed addition.
This unit is being provided voluntarily. The one bedroom accessory
dwelling unit will be approximately 699 net livable sq. ft. and will
be located above grade. This unit qualifies for a floor area
bonus, pursuant to Section 24-3-101.
The applicant submitted the application with the intent of
obtaining an access easement from the County to cross the County
owned Mascot Lode. Since this application was submitted on June
20th, the applicant has been unable to secure this easement. In
fact, the County has indicated that they most likely will not grant
an access easement to the applicant. Therefore, the applicant
submitted an amendment to the application on June 30th that assumes
the requested access easement will not be granted by the County.
Both the original and amended application information, maps, and
elevations are included as Exhibit "A".
REFERRAL COMMENTS: The following referral comments are attached
to this memorandum:
ACSD - Exhibit "B"
Engineering Department - Exhibit "C"
Housing Office - Exhibit "D"
Parks Department - Exhibit "E"
Water Department - Exhibit "F"
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STAFF COMMENTS: The Commission has the authority to review and
approve development applications for Conditional Uses and 8040
Greenline review pursuant to the standards of Sections 24-7-304 and
24-7-503 of the Aspen Land Use Regulations.
Conditional Use Review
A. The conditional use is consistent with the purpmmf:, fJDalg,
objectives and standards of the Aspen Area Comprehensive Plan,
and with the intent of the zone district in which it is
proposed to be located; and
Response: The proposed dwelling unit has the potential to house
local employees, which is in compliance with the Aspen Area
Community Plan and the underlying zone district.
B. The conditional use is consistent and compatible with the
character of the immediate vicinity of the parcel proposed for
development and surrounding land uses, or enhances the mixture
of complimentary uses and activities in the immediate vicinity
of the parcel proposed for development; and
Response: The accessory dwelling unit is compatible with the
character of the surrounding neighborhood, which consists of medium
density single family residences. The Siegel affordable housing
project, which consists of three dwelling units, was built on a
lot adjacent to this parcel. The unit will not be visible as a
distinct unit from the exterior of the residence or garage.
C. The location, size, design and operating characteristics of
the proposed conditional use minimizes adverse effects,
including visual impacts, impacts on pedestrian and vehicular
circulation, parking, trash, service delivery, noise,
vibrations and odor on surrounding properties; and
Response: The accessory dwelling unit will be completely contained
within the proposed addition. The location, size, and design
permit the occupant of the ADU privacy from the main residence.
The general design of the house is compatible with similar
development in this area. A total of eight parking spaces are
provided on-site (two within an attached garage), which is
adequate for the main residence and the ADU. None of the parking
spaces are directly visible from neighboring parcels. The proposed
ADU will have an exterior stairway which will access the entrance.
As per past P&Z concerns, a recommended condition of approval
requires that the unit be identified on building permit plans as
a separate dwelling unit requiring compliance with U.B.C. Chapter
35 for sound attenuation. The applicant has proposed a roof design
that will shed snow away from the ADU's entrance. No significant
impacts are anticipated.
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D. There are adequate public facilities and services to serve the
conditional use including but not limited to roads, potable
water, sewer, solid waste, parks, police, fire protection,
emergency medical services, hospital and medical services,
drainage systems, and schools; and
Response: All pUblic utilities are
throughout the neighborhood and can
addition and ADU.
adequate
accommodate
and in place
the proposed
E. The applicant commits to supply affordable housing to meet the
incremental need for increased employees generated by the
conditional use; and
Response: The applicant is voluntarily providing the ADU. It is
not required for mitigation. The applicant must file the
appropriate deed restrictions for resident occupancy, including a
six month minimum lease. Proof of recordation must be forwarded
to the Planning Office prior to issuance of any building permits.
F. The proposed conditional use complies with all additional
standards imposed on it by the Aspen Area Community Plan and
by all other applicable requirements of this chapter.
Response: This use complies with the Aspen Area Comprehensive Plan
and all other applicable conditional use standards.
8040 Greenline Review
The applicant received 8040 Greenline approval in 1986 when the
existing house was approved for development. The applicant is
required to obtain a new 8040 approval, since the previous approval
did not contemplate this addition. The Planning and Zoning
Commission has final authority on granting 8040 Greenline
approvals.
1. The parcel on which the proposed development is to be
located is suitable for development considering its
slope, ground stability characteristics, including mine
substance and the possibility of mud flow, rock falls and
avalanche dangers. If the parcel is found to contain
hazardous or toxic soils, the applicant shall stabilize
and revegetate the soils, or where necessary, cause them
to be removed from the site to a location acceptable to
the city.
Response: The site averages a 24% slope across the length of the
lot. A Geophysical and Geotechnical Subsidence Investigation was
prepared for this lot in 1986, for the original 8040 Greenline
review. The location of the proposed addition is identified as a
favorable area for development. The only portion of the property
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which was not fully tested, the
proposed for any development.
EPA superfund boundary.
upper northeastern section, is not
This lot is not encumbered by the
The applicant will need to meet the engineering and structural
requirements of the May 1986 report by Western Engineers, Inc.
2. The proposed development does not have a significant
adverse affect on the natural watershed, runoff,
drainage, soil erosion or have consequent effects on
water pollution.
Response: The applicant has proposed installing perforated drain
tile to use as part of the drainage system. staff does not believe
their will be any significant affect on the natural watershed,
drainage, soil erosion or water pollution as part of this proposed
development.
3 . The proposed development does not have a significant
adverse affect on the air quality in the city.
Response: The applicant's proposal does not have a significant
impact on the air quality of the city.
4. The design and location of any proposed development,
road, or trail is compatible with the terrain on the
parcel on which the proposed development is to be
located.
Response: The amended addition will tie into the existing upper
levels of the existing residence at about two feet higher than the
existing residence. This slight increase in height enables the
applicant to obtain greater views and solar exposure. This design
and location is compatible with the natural terrain of the site.
5. Any grading will minimize, to the extent practicable,
disturbance to the terrain, vegetation and natural land
features.
Response: The applicant has minimized grading as much as possible
so as not to disturb the natural terrain. All disturbed areas are
proposed to be revegetated with a native seed mix, potentilla,
choke cherry, and other mature shrubs to provide a natural
appearance.
6. The placement and clustering of structures will minimize
the need for roads, limit cutting and grading, maintain
open space, and preserve the mountain as a scenic
resource.
Response: The placement of the ADU, within the proposed addition,
has been designed to be accessible from the main house or from the
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existing driveway. The best alternative would be to obtain the
access easement across the Mascot Lode which would permit
additional privacy to the occupants of the ADU, provide fire
protection from above the residence, and to provide snow storage
for the existing road above this parcel. Either alternative
proposed by the applicant will not impact the scenic quality of
lower Smuggler mountain.
7. Building height and . bulk will be minimized and the
structure will be designed to blend into the open
character of the mountain.
Response: It appears from the application materials that the
proposed addition will bring the residence close to it's maximum
allowed floor area of 4,648 sq. ft. (which includes the 250 sq. ft.
bonus). The exact floor area has not been calculated because staff
does not have the detailed drawings indicating the dimensions of
the addition proposed below grade.
Forty-seven percent of the addition's height will be no higher than
the existing residence. The portion of the addition that will be
higher than the existing residence is proposed to be approximately
two feet taller. Staff believes the applicant has minimized the
height and bulk of the building so that it will fUnction well, yet
not impact the open space character of the mountain.
8. Sufficient water pressure and other utilities are
available to service the proposed development.
Response: All utilities are presently serving the existing
residence. Aspen Consolidated Sanitation District and Aspen Water
Department have indicated that they can serve the project, subject
to additional tap fees and connection charges.
9. Adequate roads are available to serve the proposed
development, and said roads can be properly maintained.
Response: Adequate roads are available to the house and are
properly maintained.
10. Adequate ingress and egress is available to the proposed
development so as to ensure adequate access for fire
protection and snow removal equipment.
Response: Adequate ingress and egress is presently in pl;'l.ce to the
residence. The applicant and staff prefer that the upper road be
used as the access point to the ADU, however the applicant is
working with the County to obtain an easement. Should the upper
access not be available, the single access will be adequate for
snow removal and fire protection.
11. Any trail on the parcel designated on the Aspen Area
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Comprehensive Plan: Parks/Recreation/Open Space/Trails
Plan map is dedicated for public use.
Response: The 1986 8040 Greenline review for this parcel required
a trail easement be dedicated generally along the Salvation Ditch.
The easement was eliminated when the Siegel employee housing was
approved in 1992 by the driveway to this project. Staff would like
the applicant to provide this trail easement across the property
as the Salvation Ditch is a primary trail corridor identified in
the AACP.
SUMMARY: The upper access across the Mascot Lode does not impact
steep slopes, grading or filling of the site. This driveway would
not create any visual scaring along the hillside since it follows
a relatively flat bench. The applicant's original plan proposed
this upper access so that there would be a one car gar!'l.ge provided
with the ADU and additional privacy for the occupants of the ADU.
It is for these reasons that staff supports the upper access if an
easement can be obtained from the adjacent property owner. Staff
can also support the applicant's proposal without the upper access
road. In this alternative, the existing access road would be used
and residents of the new unit would access the unit along a walkway
next to the primary residence.
The fundamental design difference between the two applications is
the height of the proposed addition. The original application
proposes a roof line at the peak of the garage to be two feet
higher than the existing residence. The amended application
proposes a roof line of two feet higher than the existing residence
along the length of the proposed addition. Although the applicant
has not received a final determination from the County regarding
an access eaSement to the upper portion of his property, staff
believes that either alternative meets the 8040 Greenline review
requirements.
STAFF RECOMMENDATION: Planning staff recommends approval of the
Smith 8040 Greenline and Conditional Use for an approximately 1600
sq.ft. addition that will contain a 700 net livable sq. ft. one
bedroom accessory dwelling unit subject to the following
conditions:
1. The owner shall submit appropriate deed restrictions to the
Aspen/Pitkin County Housing Authority for approval. The
accessory dwelling unit shall be deed restricted to resident
occupancy with a minimum six month lease. Upon approval by
the Housing Authority, the Owner shall record the deed
restriction with the pitkin County Clerk and Recorder's
Office.
2. Prior to issuance of any building permits, a copy of the
recorded deed restriction for the accessory dwelling unit must
be forwarded to the Planning Office.
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3. The accessory dwelling unit shall be clearly identified as a
separate dwelling unit on building permit plans and shall
comply with U.B.C. Chapter 35 sound attenuation requirements.
4. During building permit plan review, the Zoning Enforcement
Officer shall make the final determination that the unit meets
the minimum size requirement of 300 sq. ft. net liveable as
defined in the Housing Authority Guidelines. The accessory
dwelling unit cannot be less than 300 sq. ft.
5. The kitchen within the accessory dwelling unit shall meet or
exceed the Housing Authority Guidelines for the definition of
a "kitchen."
6. The applicant shall submit a landscaping plan to be reviewed
and approved by the Parks Department, prior to the issuance
. of a building permit.
7. The applicant and staff shall reconfirm that a trail easement
has been dedicated along the Salvation Ditch as it crosses
this property.
8. The applicant shall comply with the engineering and structural
requirements of the May 1986 "Geophysical and Geotechnical
Subsidence Investigation for Lots 3 & 5 Sunny Park North
SUbdivision," prior to the issuance of any building permits.
9. All material representations made by the applicant in the
application and during public meetings with the Planning and
Zoning Commission shall be adhered to and considered
condi tions of approval, unless otherwise amended by other
conditions.
RECOMMENDED MOTION: "I move to approve the 8040 Greenline and
Conditional Use review for an approximately 1600 sq. ft. addition
for Lot 5 of the Sunny Park North Subdivision, with the conditions
recommended in the Planning Office memorandum dated July 19, 1994."
EXhibits:
Application Information with plans and elevations - Exhibit "A"
ACSD - Exhibit "B"
Engineering Department - Exhibit "C"
Housing Office - Exhibit "D"
Parks Department - Exhibit "E"
Water Department - Exhibit "F"
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Exhibit A
TO: Mary Lackner
Planning Department, City of Aspen
From: Bob and Glenda Smith
Box 3182
Aspen, Colorado 81612
303-925-3937
Re: Conditional Use (A.D.U.) and 8040 Greenline Review
Existing Residence on Smuggler Mountain
Lot 5, Sunny Park North Subdivision
Date: June 17, 1994
We wish to build an addition to our 2838 square foot 4 bedroom home. We will be
representing ourselves during the review process. Enclosed please find proof of
owner'ship; the signed fee agreement and a check for $1074.00; a list of property
owners within 300 feet of our property; a current improvement survey; a vicinity
map; a site plan, floor plans and elevations of the proposed addition; a
statement regarding our easement request; and statements addressing the review
standards for Land Use Code Sections 7-304 Conditional Use Review, 5-510
Accessory Dwelling Units, and 7-503 8040 Greenline Review.
The size of our proposed addition is considerably less than the allowable F.A.R.
for our lot. We wish to add a recreation space for our three teenagers with an
Accessory Dwelling Unit above it for possible rental to our construction
employees or for our own use so we can rent our house when our children are ready
for college. We have been employees in the city since 1970 - 22 years at
Highlands and the last 2 years at Snowmass. We have also built or remodeled many
houses in the city and the valley. In 1986 we spent $8000 and 12 months going
through the approval process, including the 8040 Greenline review, which set the
precedence for the construction in the area that followed. Our neighborhood has
always been a high density area, although the duplex zoning was changed when Park
Circle was added. Our door neighbor has recently built three employee units on
his lot below his home and many other neighboring homes are duplexes and condos.
(
We would like to designate almost half of our addition as an Accessory Dwelling
Unit, accessible from the back of our lot, above our home, with an attached
garage (also within the F.A.R. restrictions). We can build a driveway to meet
city requirements, but we will need an easement from the county to access the
paved cul-de-sac in order to do so. Although the road above our house is not an
alley, we believe the access to our proposed A. D. U. can be justifiably considered
rear access. Our lot slopes down from the road above, with the bulk of the
construction well below it and facing awa~ from it toward Aspen Mountain. Only
the garage door will front onto the road, not even the entrance door to the Unit.
The land above our lot was originally designated open space but is now in the
process of being traded to Jim Auster. Ideally we would like a permanent
easement for accessing a garage, but if not, we need a temporary easement in
order to access our property during the construction of the addition,
Finally, we would like to request vested rights approval for everything in the
enclosed proposal. Thank you.
Bob and Glenda Smith
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Smith Conditional Use and 8040 Greenline Review
June 17, 1994
LAND USE CODE SECTION 7-304
REVIEW STANDARDS: DEVELOPMENT OF CONDITIONAL USE
A. The proposed conditional use, a 700 square foot, one bedroom Accessory
Dwelling Unit with an attached one-car garage, is consistent with the purposes
and standards of the Aspen Area Conprehensive Plan. The zone district, R-15A,
Moderate-Density.Residential, does allow duplexes as long as half of the duplex
is restricted to affordable housing.
B. The A.D.U. is consistent and compatible with the character of the immediate
vicini ty. Three employee housing uni ts have been built at the bottom of adjacent
lot 7, in addition to the single family house on the same lot. There are several
duplexes and condominiums in the neighborhood. Note that our list of adjacent
property owners within 300 feet of our property contains ~~ names.
C. We do not believe that the location, size and design of the A.D.U. will
have an adverse effect on visual impacts, vehicular and pedestrian circulation,
parking or noise. As explained in more detail in item 7 of Section 7-503, the
height and the bulk of the addition is minimal and it's location behind the
existing house greatly "reduces it's visual impact. It is also important to note
that we are proposing to build considerably less than the maximum F.A.R. the size
of our lot would allow. We wish to be sensitive to our neighbors and do not want
to adversely effect them in any way. We have always taken excellent care of our
property and intend to continue to do so. There is already more than adequate
parking on the existing gravel drive, as indicated on the site plan. There are
now 8 parking spaces, including the double garage, that when filled still allow
adequate passage to lot 3, which shares the drive with lot 5. The parking areas
are not directly visible by any of our neighbors. With the addition, the main
house will have 5 bedrooms. The City requires one parking space per bedroom,
with the exception of Accessory Dwelling Units.
D. There are adequate public facilities and services to serve the existing
house and the Accessory Dwelling Unit.
E. The approval for construction of the A.D.U. is requested in order to
possibly be able to house employees of our construction company.
F. The A.D.U. will comply with all the standards imposed upon it by the Aspen
Area Comprehensive Plan and by all other "applicable standards, including those
of Section 5-510, which have been addressed on a separate page.
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Smith Conditional Use and 8040 Greenlin~ Review
June 17, 1994
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LAND USE CODE SECTION 7-503
REVIEW STANDARDS: DEVELOPMENT SUBJECT TO 8040 GREENLINE
1. The parcel must be suitable for development considering its slope, ground
stabili ty, etc. In May 1986 a Geophysical and Geotechnical Subsidence
Investigation was prepared by Western Engineers, Inc. and submitted to the City
for the original 8040 Greenline Review. A copy of the map showing the test sites
is attached. It shows that the portion of the site designated for the addition
was included in the favorable report. The only area not fully tested is in the
upper northeast section of the site where no changes will be made. All of the
city's engineering and structural requirements were met and are on file with the
City. The lot was never designated as part of the EPA Superfund site. You can
refer to the Superfund map in the Environmental Health office for verification,
per Mr. Dunlap.
2. The relatively small proposed development will not have a significant
adverse affect on the natural watershed, drainage, soil erosion or water
pollution. Based on our experience with the existing house, there will be no
problems with the drainage. The soil is sandy and percolates extremely well.
Perforated drain tile will be installed to drain to daylight as per the existing
house.
3. The proposed addition will not have an adverse affect on the air quality
in the City.
4. The design and location of the addition is compatiable with the existing
terrain. The existing house is built into the slope on several levels. The
addition will tie into the existing upper two levels with the proposed garage
several feet above that, following the slope, as indicated on the enclosed
elevations. Except for the small one-car garage, the addition will be the same
height as the house is now. The addition will match the existing earthtone
structure in style and finishes. We are very proud of the natural landscaping
as it exists now on our property and intend to restore everything to it's present
condition during the process of the construction.
The landscaping will be done as per the requirements of the original 8040
Greenline review, as follows:
After structural backfill return all boulders 1 '-3' for retainage. Spread
stockpiled small size fill and top soil between boulders.
Rake soil at rt. angle to slope to prepar~for seeding. Spread w/ prodcaster 10
lb. native mix as follows: creeping red fescue, wheat grass, hard fescue, canby
blue grass, green needle, mt. sage, and wildflower mix 6% by weight. Mix to be
identical to that for Pitkin County airport.
Cover seeded area w/ jute matting secured w/ spikes, dampened daily for 30 days.
Install scattered plantings of potentilla, choke cherry and other mative shrubs
located to provide a native appearance.
5. The grading, as shown roughly on the site plan, will be minimal so as not
to disturb the natural terrain and will be primarily directly behind the existing
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LAND USE CODE SECTION 7-503
Page 2
house. All disturbed areas will be revegetated naturally, as indicated above,
as well as augmented with aspen trees as per the existing landscaping.
6. We intend that the placement of the proposed addition will do nothing to
detract from the mountain as scenic resource. The Accessory Dwelling Unit has
been designed to be accessible from main house or from the existing driveway at
the entrance to the house but we feel that accessing it from above where the.
slope is minimal 'is preferable for the privacy of the occupants of the Unit and
of the main house as well. Maintaining the existing second access above the
house is also advantageous for firetrucks and it's current use for snow dumping.
Building the additional gravel driveway needed to reach the pt'oposed garage will
not limit the open space and we believe the cutting and grading necessary is not
excessive. We have included a statement that explains our request for the new
driveway in detail.
7. The building height and bulk of the addition is minimal. 40% of the total
square footage (715 S.F.) is completely below the existing grade. 75% of the
above grade portion is no higher than the existing house. The bulk of the
structure has been designed behind the existing house and will blend into the
mountain, being barely.visible from any view below Smuggler Mountain.
8. Sufficient water pressure and other utilities are already available to the
existing house and will not be compromised in any way by extending them to the
addition.
9. Adequate roads are available to the house and are properly maintained.
10. Adequate ingress and egress is available to the house now. Ingress and
egress from above for the Accessory Dwelling Unit is preferable, and as stated
in number 6, the second access from above will further enhance the access for
fire protection. See the statement.regarding our request for a driveway easement
for more detailed information.
11. The original 8040 Greenline Review required that a trail easement be
dedicated generally along the Salvation Ditch. The easement was eliminated when
the Siegle employee housing units were approved for lot 3 next door.
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Smith Conditional Use and 8040 Greenline Review
June 17, 1994
LAND USE CODE SECTION 5-510: ACCESSORY DWELLING UNITS
A. GENERAL PROVISIONS
1. The proposed A.D.U. will have 699 square feet of allowable floor area.
Parking is not required for a one bedroom unit but we are proposing an attached
one-car garage. If we are unable to obtain access to the garage then parking for
the Unit will be in the space alongside the garage to the existing house.
2. The proposed A.D.U. meets all the dimensional requirements of the zone
district, as indicated on the floor plans and elevations, and the outline of the
zoning requirements, as listed below.
B. DEVELOPMENTAL REVIEW STANDARDS
1. The proposed A.D.U. is compatible and subordinate in character with the
existing primary residence, as indicated on the site plan and elevations.
2. The proposed A.D.U. does not vary from the dimensional requirements. Item
d. requires a minimum side yard setback of 3 feet. The deck for the A.D.U. is
proposed to be 6 feet from the property line.
ZONING REQUIREMENTS FOR THE PROPOSED ADDITION, INCLUDING THE A.D.U.
Lot Size: 15,857 Sq. Ft. - 2370 Sq. Ft. Access Easement = 13,547 Sq. Ft.
F.A.R.(Total Structure)
F.A.R.(Incl. A.D.U. bonus)
Accessory Dwelling Unit
Decks
Building Beight
Common wall between exist.
house and addition
ALLOWED OR REQUIRED
1987 Sq.Ft.
2687 Sq. Ft.
700 Sq. Ft. Max.
298 Sq. Ft.
25 Ft.
PROPOSED
1153 Sq.Ft.
699 Sq. Ft.
180 Sq.Ft.
20 Ft.
20% of 30' = 12 Ft.
10.5 Ft.
As is obvious from the above figures, the Accessory Dwelling Unit is not being
proposed in order to take advantage of F.A.R. bonus for such units. It has been
designed to make the best possible use of ~he space for the renter, including a
covered entry, ample living and storage space, a deck, an attached garage and
maximizing the view and ventilation possibilities of the building site. It will
have a private exterior entrance but is also connected by stairs to the
recreation room below it. The door at the head of the stairs in the A.D.D. can
be locked off for total privacy of the renter and the residents of the main
house. The design and location of the proposed addition was restricted by the
location of the existing house and the steepness of the lot. We intend to build
it with the same quality and style as the original structure, matching it
completely.
\'8
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LAND USE CODE SECTION 5-510
Page 2
The zoning department has informed us that the length of the common walls between
the addition and the existing house are determined by the regulation governing
duplexes. It is open to interpretation whether to consider only the 30 foot long
southeast wall to which the addition will be attached or to add the 20 foot long
450 south wall of the existing greenhouse to the total. The common wall of the
addition is 10.5 feet long. If the calculations are made using the 30 foot
adjoining wall only then the common wall must be 8 feet long. If the 20 foot
wall is also inciuded then it must be 12 feet long. The 20 foot south wall is
only one story high and at a lower elevation, and therefore it's relationship to
the addition is less than appears in the footprint. Elevation B illustrates
this point. As designed. the addition connects to the existing structure at a
10.5 foot wide cantilevered window seat on the upper floor and off a media room
on the lower floor, using the existing exit door. The media room's only window
(partially below grade) restricts the width of the common wall toward the north,
as is clear on the floor plans. If required we would have to extend the wall 1.5
feet to the south beyond the existing upper level southwest wall. It would be
an unsightly detail that would entail considerable expense for minimal gain.
There are also some trees at that corner that we don't want to destroy. We
would like to request that the common wall be interpreted as only the 30 foot
wall that directly adjoins the addition.
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Smith Conditional Use and 8040 Greenline Review
June 17, 1994
Bob and Glenda Smith
Box 3182
Aspen, Colorado 81612
303-925-3937
Re: Lot 5, Sunny Park North Subdivision
Driveway Easement for Proposed Accessory Dwelling Unit
To Whom It May Concern:
We would like to request a driveway easement for our proposed Accessory Dwelling
Unit, which will be part of an addition to our house. The details regarding the
addition and the A.D.U. are spelled out in the complete package submitted for the
Conditional Use and 8040 Greenline review. We would like to build a garage for
the A.D.U. which can only be accessed from above our property via an existing
paved cul-de-sac. The property on which it is located was originally designated
open space but is now being traded to the Austers. The road accesses the
driveway for lot 7, next to ours and is used for a turn-around and dumping snow
in the winter. We would like to propose several possibilities for accessing our
proposed garage, each dependent on the fate of the existing paved road. If it
is to be removed as a result of the land trade then we are willing to dedicate
some of our land along the property line for relocation of the road, and for snow
dumping, if needed. It is not only to our advantage to access the proposed
garage, it also provides additional fire protection and serves the City for snow
removal. We understand that we will also need permission from our neighbor on
lot 7 to cross a corner of that property, as the road does now. Below is an
illustration of possible ways in which the easement could be configured. If it
not possible to grant us a permanent easement we would like temporary access for
our construction equipment. It is the only way in which we will be able to build
our addition.
See the vicinity map included in the Conditional Use and 8040 Greenline Review
for an overview on site plan above.
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701 232 2ob7
FROM
JOHN EMERSON FOSS, ARCH !TECT
PHONE NO.
TO: Mary Lackner
Planning Department. City of Aspen
From: Bob and Glenda Smith
jjax 3i82
Aspen, Colorado 81612
303-925-3937
RE: AMENDMENT to Conditional Use and 8040 Greenline Review
Existing Residence on Smuggler Mountain
Lot 5, Sunny Park North Subdivision
Da te : .rIme :30 I 1994
We wish tv a~end our original submittal, dat~d June 17. 1994.
which included a proposed garage to be accessed ahcve our house
at the ':.."ok of our lot via an easement which we now realize we
will not be able to obtain. We have modified our plans in order
to uee the F.A.R. from the now deleted garage for living space.
As is illustrated in the attached drawings, the amended F,A.R,
and footprint is very close. to our original proposal. The
primary change is the distribution of t~e space on each level and
the addition of a bedroom and bathrool!' L lieu of the garage. In
addition to the attached site plan. flJor plans and elevations we
would like to amend the following 3ections of our original
proposal:
Se.ct i on 7 - 503
4. The revised addition will tie into the existing upper two
levels with the eastern portion of the structure raised a half
level above, The entire proposed A.D.U, will be built at the
same level as the proposed garage would have been, With the
garage deleted we can now take advantage of the southern exposure
and views, Except for the A.D.U,. the addition will be the same
height as the house is now.
5, By raising the entire eastern half of the addition. and not
just the garage. there will be even less grading necessary than
before.
7, Our alllend.ed addition has 35 % of
( 7/5 ) below grade and If 7 % of the
higher than the existing house,
the total square footage
above grade portion is not
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PHONE NO. : 701 232~7
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MEMORANDUM
JU~i 3 0
L.C :.",-<
TO:
MARY LACKNER, ASPEN/PITKIN PLANNING OFFICE
PHIL OVEREYNDER, WATER DIRECTOR~
JUNE 29, 1994
FROM:
DATE:
SUBJECT:
SMITH CONDITIONAL USE REVmW FOR AN ACCESSORY
DWELLING UNIT
Thank you for the opportunity to review the above referenced application. The proposed
accessory unit is located within the city limits and is served by the Aspen Water Department.
To the extent the application is found to be consistent with zoning requirements, water service
is available from the City distribution system.
The applicants should be referred to Kris Everhart (920-5031) to obtain an estimate of water
utility connection charges for the proposed addition and to review any planned changes in the
water connection for the existing residents.
cc: Larry Ballenger
Kris Everhart
PO:rl
Iphil/smith.use
31
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PUBLIC NOTICE
RE: SMITH CONDITIONAL USE REVIEW FOR AN ACCESSORY DWELLING UNIT
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Tuesday, July 19, 1994 at a meeting to begin at 4:30 pm before the
Aspen Planning & Zoning Commission, 2nd Floor Meeting Room, City
Hall, 130 S. Galena, Aspen to consider an application submitted by
Robert & Glenda Smith, Aspen, CO, requesting approval of a
Conditional Use Review for an approximately 700 square foot
Accessory Dwelling Unit attached to an existing single family
dwelling unit. The applicants are also requesting 8040 Greenline
approval. The property is located at 200 Park Circle; Lot 5, Sunny
Park North. For further information, contact Mary Lackner at the
Aspen/Pitkin Planning Office, 130 S. Galena st., Aspen, CO 920-
5106.
s/Bruce Kerr. Chairman
Planning and zoninqCommission
lyvu,,~_1 UJ-f-j h o//t1LCU,j!-
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ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
Phone 920-5090 FAX 920-5197
MEMORANDUM
TO:
City Engineer
Housing Director
Aspen Water Department
Parks Department
Zoning Administration
Aspen Consolidated Sanitation District
FROM:
Mary Lackner, Planning Office
RE: Smith Conditional Use Review for an Accessory Dwelling Unit & 8040
Greenline Review
Parcel ID No. 2737-074-01-004
DATE:
June 22, 1994
Attached for your review and comments is an application submitted by Robert & Glenda Smith.
Please return your comments to me no later than July 8.
Thank you.
~-
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ASPEN/PITKIN PLANNING OFFKJ
130 S. Galena Street
Aspen, Colorado 81611
(303) 920-5090 FAX# (303) 920-5197
June 22, 1994
Robert & Glenda Smith
Box 3182
Aspen, CO 81612
Re: Smith Conditional Use Review for an Accessory Dwelling Unit and 8040
Greenline Review
Case A47-94
Dear Robert & Glenda,
The Planning Office has completed its preliminary review of the captioned application. We
have determined that this application is complete.
We have scheduled this application for review by the Aspen Planning and Zoning Commission
at a Public Hearing to be held on Tuesday, July 19, 1994 at a,meeting to begin at 4:30 p.m.
Should this date be inconvenient for you please contact me within 3 working days of the date
of this letter. After that the agenda date will be considered final and changes to the schedule
or tabling of the application will only be allowed for unavoidable technical problems. The
Friday before the meeting date, we will call to inform you that a copy of the memo pertaining
to the application is available at the Planning Office.
Please note that it is your responsibility to mail notice to property owners within 300' and to
post the subject property with a sign at least ten (10) days prior to the public hearing. Please
submit a photograph of the posted sign as proof of posting and an affidavit as proof of mailing
prior to the public hearing.
If you have any questions, please call Mary Lackner, the planner assigned to your case, at 920-
5106.
Sincerely,
~Uvff~
Suzanne L. Wolff
Administrative Assistant
apz.ph
.
GOLD KEY AND WEDUM~ASSC.
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3133'31258758
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A~jacent Land Owners
Pi1::kin County
506 E. Nain
Aspen, Co 81611
Aspen/pitkin County Housing Authority
39551 Highway 82
Aspen, Co 81611
Joe and Barb Tarbet
980 Gibson
Aspen, Co 81611
Don Delis8
Box 2495
Aspen, Colorado 81611
David & Boyd and Robert Devins
c/o china Club
2130 Broadway
New York, NY 10023
John Werning and Walter stenger
905 E. Hopkins
Aspen, Co 81611
Dieter Bibbig
Box 175
Aspen, Colorado
Bob & Glenda Smith
200 Park Circle
Aspen, Co 81611
Marvin and Barbara Goldenson
P.O. Box 9111
Aspen,Co 81612
Shirley Arnbridge
Box 1488
Aspen, Co 81612
Ralph and Marion Melville
c/o Mountain Chalet
333 Durant
Aspen, Co 81611
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GOLD KEY AND WEDUM.ASSC. 3039259758
P.03
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Delmar & Constance Hickman
205 Park Circle
Aspen, Co 81611
Joseph and Lucy Dunn
940 Matchless Drive
1>.spen, Co 8161l
Charles Bishop
731 E. Durant, Suite 7A
Aspen, Co 81611
william Dunaway and Tena Farr
Box E
Aspen, Co 81612
Magne Nostdah1 and Arne Marthinsson
607 East Cooper
Aspen, Co 81611
Mountain States Communications,Inc
A Colorado Corporation
310 East Main
Aspen, Co 81611
Margot Pendleton
180 Park Circle TH-3
Aspen, Co 81611
Hua and Luu Vihn
Box 8513
Aspen, Co 81611
Robert Pierce
Box 3118
Aspen, Co 81612
Randy Bernard .
889 Federal Street
Belchertown,Ma. 01007
Jo Ann Valley
7201 York Ave.,SA 1316
Minneapolis,MN 55435
Doris Latousek,Trustee of 1-26-89 Trust
738 Timberline Drive
Glenview, Illinois 60025
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GOLD KEY Al"~D WEDUM., AS:3C .3'1213925875:::
P.02
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Judith Lolberg and Don Smith
141 Midland Park Place # E-l
Aspen, Co 18611
Pam Cummingham
141 Midland Park Place # E-2
Aspen, Co 8161l
Sandra Knight
141 Midland Park Place # E-3
Aspen, Co 81611
Tom Griffiths
Box 11583
Aspen, Co 81612
Jane Rosen
Box 9853
Aspen, Co 81612
Joe Hells
130 Midland Park Place # F-2
Aspen, Co 81611
Louise Brainard
Box 11354
Aspen, Co 81612
Jamen Hancock
120 Midland Park Place # G-10
Aspen, Co 81611
Alan And Deborah Shapero
Box 3659
Aspen, Co 81612
Terry Allen
Box 9768
Aspen, Co 81612
Shael Johnson and Michael McCollum
Box 3549
Aspen, Co 81612
Valerie Bonis
Box 3834
Aspen, Co 816;12
7
GOLD KEY AND WEDUM.ASSC. 3039258758
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P.05
Kim Speck
Box 9912
Aspen, Co 81612
Linda Smisek
Box 8232
Aspen, Co 81612
Norton and Janet Eisenberg
407 Park Ave. # A
Aspen, Co 81611
Carolyn and Herbert paulides
160 Concord Road
Longmeadoe,Ma Oll06
Neligh Coates
cj Coates Reid & Waldron
720 E. Hyman Ave.
Aspen, Co 81611
Sara Garton
OOIOl Midland Park Place # A-I0
Aspen, Co 8161l
Carla Lonnholm
lOl Midland Park Place# A-ll
Aspen, Co 81611
Scott Nichols
Box 3035
Aspen, Co 81612
David Patton
lOl Midland Park Place # A-13
Aspen, Co 81611
Paul Hanrahan
121 Midland Park Place # A-21
Aspen, Co 81611
Karen Birach
Box 9435
Aspen, Co 81612
Cindy Houben
Box 9616
Aspen, Co 81612
5
nLD 'KEY AND l.>JEDUM, ASSC.
John 2&11
Box 11314
Aspen, Co 81612
Hary Schwalbach
111 Hid1and Park Place # B-13
Aspen, Co 81611
S H DOdington
Box 8464
Aspen, Co 81612
l1uriel Ganz
Box 562
Aspen, Co 81612
Jeff Bestic
Box 2267
Aspen, Co 81612
Pamela Gassman
302 Midland Park Place # C-2
Aspen, Co 81611
Tom Boylan & Paul Higgins
121 Midland Park Place # C-3
Aspen, Co 81611
Katheryn & John Koch
12l Midland Park Place # C-4
Aspen, Co 81611
James I1cPhee and Larry Guida
131 Midland Park Place # D-I
Aspen, Co 81611
Chris & Darcy Lacy
Box 4193
Aspen, Co 81612
l1aurice & Jean Scraggs
403 Midland Park Place # D-3
Aspen, Co 81611
Ron and Jackie Chauner
111 Midland Park Place # b-22
Aspen, Co 81611
6
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GOLD KEY AND WEDUM~ASSC. 3039258758
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David Webster
Box 10362
Aspen, Co 81612
Alan and Suzanne Richman
llO Midland Park P1ac~ # H-10
Aspen, Co 81611
Jeanne Ritter H-11
110 Midland Park Place
Aspen, Co 81611
Jame Heck
Box 8416
Aspen, Co 81612
Sha,m Boyd
Box 2204
Aspen, Co 81612
Catherine Hagen
210 Midland Park Place # B-10
Aspen, Co 8161l
Chris King
Box 3065
Aspen, Co 8l6l2
patricia and Andi Epler
Box 785
Aspen, Co Sl612
Carol Penn and Carole Williams
Box 10944
Aspen, Co 81612
Beatriz Fernandez and Robin White
165 Park Circle # 1
Aspen, Co 81611
8
GOLD
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Stone Davis
Box 8904
Aspen, Co 81612
Deborah Flug
616 E Hyman Ave.
Aspen, Co 81611
David Schmidt
Box 9457
Aspen, Co 81612
David Singer
1160 Kane Concourse
Miami Baech, Florisa 33154
James and Marlene Mickey
l85 Park Circle, Unit B-3
Aspen, Co 81611
George Nelvell
Box 10250
Aspen, Co 81612
Carl Bentley
185 Park Circle # C 2
Aspen, Colorado 81611
James Thompson and Barbara SeelenfrE,und
185 N. Park circle A-1
Aspen, Co 81611
Constance Fisher
185 Park circle # A-2
Aspen, Co 81611
Suellyn Crisovan
185 Park Circle # A-3
Aspen, Co 81611
Kathleen Hughes
Box 3930
Aspen, Co 81612
Reginald and Robin Smi~h
Box 4244
Aspen, Co 81612
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5. Therefore, APPLICANT agrees that in consideration of the CITY's
waiver of its right to collect full fees prior to a determination of application
completeness, APPLICANT shall pay an initial deposit in the amount of $ .
which is for hours of Planning Office time, and if actual recorded costs
exceed the initial deposit, APPLICANT shall pay additional monthly billings to
CITY to reimburse the CI'fy- for the processing of the application mentioned
above, including post approval review. Such periodic payments shall be made
within 30 days of the billing date. APPLICANT further agrees that failure to pay
such accrued costs shall be grounds for suspension of processing.
CITY OF ASPEN
By: ~1Yi~
Diane Moore .
City Planning Director
AlPPLICANT
:By: ~,Cl2t
Mai(ing Address:
Po.3lfZ- ~ Ct. ?,16/~
Date: b/ ~c:/9 y
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BROOKE A. PETERSON
GIDEON I. KAUFMAN"
ERIN L. FERNANDEZ **
LAW OFFICES OF
KAUFMAN &PETERSON,P.C.
315 EAST HYMAN AVENUE
ASPEN, COLORADO 81611
TELEPHONE
(303) 925.8166
FACSIMILE
(303) 925.1090
ROBYN J. MYLER "*"
.. ALSO ADMITTED IN MARYLAND
- ALSO ADMITTED IN rLORIDA
- ALSO ADMITTED IN HEW YORI<
AND CONNECTICUT
July 14, 1994
JUL \ 4 1994
VIA HAND DELIVERY
Mr. Bruce Kerr, Chairman
Aspen/Pitkin County Planning
and Zoning commission
c/o I'1ary Lackner
Aspen/Pitkin Planning Department
130 South Galena street
Aspen, Colorado 81611
Re: smith A.D.U. Application
Dear Bruce:
The offices of the undersigned represent Mr. Chuck Rowars,
the recent purchaser of property located at 131 Sesame Street on
Smuggler Mountain in Aspen, Colorado. That property is immediately
adjacent to property presently owned by Robert and Glenda Smith.
It is our understanding the Smiths haVE! applied to the Planning and
Zoning commission for approval to construct a 700 sq. ft. accessory
dwelling unit attached to the existing single-family residence and
for other additions to their home. I wish by this letter to state
Mr. Rowars' position with respect to any construction upon the
Smi ths I property. Mr. Rowars does not: obj ect to the construction
of the additional dwelling unit or to the other improvements to the
Smiths' property, however, that any addition to the home meet all
of the requirements of' the underlying zone district that the
construction is done in accordance with my comments as contained
herein, and the additional dwelling ~r:it is utilized for employee
housing purposes. .
First, at this time, it is also our position that the Smiths
are to conduct construction on their property and access their
property only through their own access and not through any existing
access to Mr. Rowars' property.
Secondly, Mr. Rowa,rs insists that any fill dirt which is
removed during excavation, and not utilized in the refilling around
any completed construction, be removed from the site so that
it will not disturb or kill any vegetation. Also any disturbance
to existing vegetation should be minimized. From our examination
of the property, it is apparent that t:he Smiths are fine stewards
of the land and this should not be a problem.
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Mr. Bruce Kerr, Chairman
July 14, 1994
Page 2
Thirdly, Mr. Rowars is quite concerned about the height of any
addition to the smiths' house. Mr. Ro.rars believes that the height
of any new addition should be no higher than the existing height of
the smiths' home. This position is in accordance with the
conditions and the standards for review of any development wherein
an 8040 Greenline request is made. As you know, Section 7-503 of
the Aspen Municipal Code requires that: "Building height and bulk
will be minimized and the strUcture will be designed to blend in
the open character of the mountain" as one of the conditions to be
examined in associatiOn with any application above the 8040
greenline.
Clearly, any development which exceeds the present height
of the smiths' residenqe will not minimize the building height
and will not blend intO' the open character of the mountain. As
you know, the design of any improvement located within an
8040 Greenline area must also comply with all of the other
conditions contained in section 7-503.
Finally, in reviewing the proposal for an accessory dwelling
unit, I believe it lS important for the Commission to also
determine that the Smiths' development is "subordinate in character
with the primary residence," and that it will actually be utilized
for employee housing and not for the Smiths own occupation.
Mr. Rowars does wish to be a good neighbor, and we believe the
smith property can be added onto with due regard for our concerns.
Thank you for your review of this matter and the consideration
of our comments.
Respectfully submitted,
By:
son
BAP/ljn
cc: Charles M. Rowars
Robert and Glenda smith
letters\kerr
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Tele. (303) 925-3601
Aspen C9onsolidated San'iTdi{on' Cl)istrict
565 North Mill Street
,Aspen, Colorado' 8\1611
F~X #(3MJ 9'25:2537
Sy Kelly - Chairman
Albert Bishop. Treas.
Louis Popish .Secy.
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Michael Kelly
Frank Loushin
Bruce. Matherly; Mgr.
July 6. 1994
Mary Lackner ,
Planning Office
130 S. Galena
Aspen, CO. 81611
, Re: :Om i th Cond i ti ana 1 Use Ite"i/'re'w"
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Dea'r . Ma:ry i
The Aspen Conso Ii d's te'dS':inita t 10n'DTstr'i cr'''''''curre'ntTy-''fi'as''''~-'
sufflcient 1 ine and treatment ciapacfl'V""Toiferve"''tnI:S'proPo'sea'"''
development. As usual service is contingent upon comprran'ce ..wfth
the District's Rules and'Regulal:!ons" wl1fcn"arlii"on'H're"aT The
District office.
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There----lilff' 'be connect1'on . fees associated -- wtt'fi"fn-e"'. aoc'esS"oI'Y'
dwell ing 'unit andadd'iflcina { 'rec'rea1:1'OTll.r"are'aTrr'w'af'ei""i'"Tx'tureis"---
are also added). To'tal fees can be estimated once plans are
reviewed by our offi\ce and a tap permit is completed..' All fees
must be paid within thirty days -ofbITrrn{f~' "-,.,
Please call if you ha~e any questions.
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Sincerely..
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Bruce Mather,ly
DistrIct Manager
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EPAAWARD8 OF EXCELL'ENCE
, 1976 - 198'6 ~ Hl90
REGIONAL AND NATIONAL
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1)
Exhibit C
Memorandum
To:
Mary Lackner, Planning Office
From:
Cris Caruso, City Engineer
Date:
July 14, 1994
RE:
Smith Conditional Use Review for 80410 Greenline and an Accessory
Dwelling Unit
Upon review of the above referenced application, the Engineering Department has the following
comments:
8040 Greenline:
review.
The applicant adequately addresses provisions for the 8040 Greenline
Parking: The on-site parking spaces are adequate in number and function as indicated by
the development plan. The parking spaces may not extend into the public right-of-way.
Site Drainage: The applicant is advised that storm run-off due to the ADU must be kept
on the applicant's property and may not be drained to the alley.
Trash Storage: The final development plan must indicate a trash storage area which may
not be placed in the public right-of-way and should be indicated as a "trash and recycle" area.
Any trash and recycle areas that include utility meters or equipment must provide that these
remain unblocked by trash or recycle containers.
Prior to commencing work within the public right-of-way, the applicant shall consult the City
Engineering Department (920-8040) for design considerations, City Parks Department (920-
5120) for vegetation alterations including tree removal on private property, and shall obtain
permits from the City Streets Department (920-5130) ~or any work or development within
public rights-of-way.
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. Exhibit 0
MEMORANDUM
JUL I 2 :994
TO:
Mary Lackner, Planning Office
FROM:
Cindy Christensen, Housing Office
DATE:
July 11, 1994
RE:
Smith Conditional Use Review for an Accessory Dwelling
Unit
Parcel ID No. 2737-074-0l-004
The Housing Office recommends approval for the requested accessory
dwelling unit based on the following conditions:
Accessory dwelling units shall contain not less than three hundred (300) square feet of allowable
floor area and not more than seven hundred (700) square feet of allowable floor area. The unit shall
be deed restricted, meeting the housing authority's guidelines for resident occupied units and shall
be limited to rental periods of not less than six (6) months in duration. Owners of the principal
residence shall have the right to place a qualified employee or employees of his or her choosing in
the accessory dwelling unit.
The applicant states that the unit is to be a completely private
one-bedroom unit, 699 square feet, and is to be attached to the
principal residence.
The kitchen must be built to the following specifications, per the
1994 Aspen/Pitkin County Housing Guidelines:
Kitchen For Accessory Dwelling Units and Caretaker Dwelling Unit, a minimum of a two-burner
stove with oven, standard sink, and a 6-cubic foot refrigerator plus freezer.
Before the applicant can receive building permit approval, the
applicant must provide to the Housing Office a signed and recorded
Deed Restriction, which can be obtained from the Housing Office.
The Housing Office must have the recorded book and page number
prior to building permit approval.
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ASPEN/PITKIN PLANNING OFFICE
Agreement for Payment of City of Aspen Development Application Fees
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CITY OF ASPEN (hereinafter CITY) and &60M ,M
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to CITY an application for
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(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that City of Aspen Ordinance
No. 77 (Series of 1992) establishes a fee structure for Planning Office applications
and the payment of all processing fees is a condition precedent to a determination
of application completeness.
3. APPLICANT and CITY agree that because of the size, nature or
scope of the proposed project, it is not possible at this time to ascertain the full
extent of the costs involved in processing the application. APPLICANT and
CITY further agree that it is in the interest of the parties to allow APPLICANT
to make payment of an initial deposit and to thereafter permit additional costs to
be billed to APPLICANT on a monthly basis. APPLICANT agrees he will be
benefited by retaining greater cash liquidity and will make additional payments
upon notification by the CITY when they are necessary as costs are incurred.
CITY agrees it will be benefited through the greater certainty of recovering its full
costs to process APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for
CITY staff to complete processing or present sufficient information to the
Planning Commission and/or City Council to enable the Planning Commission
and/or City Council to make legally required findings for project approval, unless
current billings are paid in full prior to decision.