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HomeMy WebLinkAboutLanduse Case.CO.126 Park Ave.A018-012737-181-00-034 A018-01 126 Park Ave. Condominiumization JGbU COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 8161 1 (970) 920-5090 City of Aspen Land Use: 1041 Deposit 1042 Flat Fee 1043 HPC 1046 Zoning and Sign Referral Fees: 1163 City Engineer 1205 Environmental Health 1190 Housing Building Fees: 1071 Board of Appeals 1072 Building Permit 1073 Electrical Permit 1074 Energy Code Review _ 1075 Mechanical Permit 1076 Plan Check 1077 Plumbing Permit 1078 Reinspection 1079 Aspen Fire Other Fees: 1006 Copy 1165 Remo Fee 1302 GIS Maps 1303 GIS Fee 1481 Housing Cash in Lieu 1383 Open Space Cash in Lieu 1383 Park Dedication 1468 Parking Cash in Lieu Performance Deposit 1268 Public Right-of-way 1 164 School District Land Ded. TQTAL �{ 1 _. NAME: ADDRESS/PROJECT: )G 1 \ PHONE: ✓ ,� / ~ CHECK# CASE/PERMIT#: , # OF COPIES: J DATE: �t nNITIAt: '� 0 F-1 CASE NUMBER PARCEL ID # CASE NAME PROJECT ADDRESS PLANNER CASE TYPE OWNER/APPLICANT REPRESENTATIVE DATE OF FINAL ACTION CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED BY A018-01 2737-181-00034 126 Park Ave. Condominiumization 126 Park Ave. Fred Jarman Condominiumization Arja Adair David Muckenhirn 4/26/01 Plat Recorded 2/13/02 J. Lindt PARCEL IDt12737-181-00034 DATE RCV 2/16/01 = CASE NOIA018-01 CASE NAME: 126 Park Ave. Condom iniumization PLNR: -72-0 Ckv(A40kA PROJ ADDRI 126 Park Ave. CASE TYP: Condominiumization STEPS Awl` OWN/APP: Arja Adair ADR 5375 S. Geneva Way C/S/Z: Englewood/CO/8011 PHN: (303)521-3121 1 REP: David Muckenhirn ADR: CIS/Z: HN 379 1077 FEES DUE: F 770 E r.`.. ;FEES RCVD: 435 STAIAd 265 F REFERRALS REF: l —B, Y MTG DATE REV BODY PH NOTICED ' A DATE OF FINAL ACTION: CITY COUNCIL: I REMARKS ! PZ: �'� BOA: -- CLOSED: f,� BY: I � L._ . "tLAr DRAC: J, A PLAT SUBMITD: 5 CP&T (BK,PG): �, �? f,►C' ADMIN• • �7 MEMORANDUM To: Fred Jarman, Planner From: Richard Goulding, Project Engineer Date: March 2, 2001 1) A vicinity map with a scale of 1:400 should be printed on the Plat 2) The names of surrounding lots need to be shown 3) The Surveyor's certificate needs to be completed showing that the survey is compliant with the Colorado Revised Status 1973 Title 38 Article 51. Surveyors address, phone no also need to be shown 4) Owners Cert. and the Community Development Director Cert. need to be signed and completed 5) State the purpose of the amendment to the plat on the title 6) Show any easements that are on the property. All easements need to be identified with a book and page and a note stating: "All easements of record as indicated on Title Policy No. _, dated _(within the past 12 months) are shown hereon." 7) Show distance to public right of way 8) Clarify number of units, there are mail boxes for 126,128 and 130. On the plat there are only 2 units shown. • 0 5375 S. Geneva Way Englewood, Colorado 80111 14 December, 2000 James Lindt City of Aspen Planning 130 South Galena Street Aspen, Colorado 81611 Re: 126 Park Avenue Dear Mr. Lindt: This is an application for subdivision exemption for condominiumization for the residential duplex located at 126/128/130 Park Avenue, Aspen, Colorado. The duplex is comprised of two units. Unit 1 has three bedrooms plus an ADU. Unit 2 has three bedrooms. Presently both units and the ADU have long term leases. As per our pre -application summary, attached you will find: 1. A check for $435 as a total deposit for the review of the application; 2. Proof of ownership of the property; 3. A letter of authorization for David Muckenhirn to act as my local representative; 4. A vicinity map location of the property; 5. A copy of the existing plat; 6. A copy of the pre -application summary; 7. A copy of the Planning and Zoning Resolution approving a conditional use for an ADU and a variance from the residential design standards; 8. Two copies of the items 2-7 above. Please contact David Muckenhirn at 970-379-1077 or 970-925-8889 for any questions, comments or requests you may have regarding this matter. Thank you for your consideration and assistance. Ara P. Adair, Jr. 5375 South Geneva Way Englewood, Colorado 80111-6222 303-521-3121 z737 'C3 CERTIFICATE OF OWNERSHIP Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the State of Colorado hereby certifies that ARJA P. ADAIR, JR. is the owner in fee simple of the following described property: HOBGOOD PARCEL, as shown on First Amendment to the Hobgood-Burres Subdivision Exemption Plat recorded April 5, 1999 in Plat Book 49 at Page 11 Subject to encumbrances, easements, restrictions and rights of way of record. This certificate is not to be construed to be a guarantee of title and is furnished for informational purposes only. PITKIN COUNTY TITLE, INC. BY: authorize 1419t ture CERTIFIED TO: JANUARY 2, 2001 @ 8:00 A.M. LETTER OF AUTHORIZATION David Muckenhirn of Ventures West Enterprises, Inc., located at Post Box 8352, Aspen, Colorado 81612 (970-925-8889) is hereby authorized to act as my agent and representative in all matters regarding my application for condominiumization of my duplex located at 126/128/130 Park Avenue, Aspen, Colorado, legally described as: The Hobgood Parcel as shown on the first amendment to the Hobgood-Burres Subdivision Exception Plat recorded in Plat Book 49 at 11. Arja P. Adair, Jr., Owner 126/128/130 Park Avenue Aspen, Colorado 81611 Residence: 5375 South Geneva Wav Englewood, Colorado 80111-6222 303-521-3121 rl! 1S ONINOS 'S w 0 O IN IS WNIOI8O 9 SEP-11-2000 MON 02:23 PM 0 9:kW111 0 0'�i --�oo'/' P. 01 CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: J• mSS.s I,indt, 920.5104 DATE: 9.11.00 PROJECT. �Gt l yIGCU REPRESENTATIVE: { /6 11 rrvl OwrLR: �' k7q4A P. AbAt6LJR - TYPE OF APPLICATION: Subdivision exemption for Condominiumization DESCRIPTION: Condominiumization. of existing platted land and house Land Use Code Section(s) 26.480.090 Condominiumization 26.304 Development Review Procedures Review by: Staff for complete application, refet7al agencies for technical considerations, Community Development Director for final approval. Public Hearing: No. Referral Agencies: Engineering; Planning; Fees: Planning flat Fee $265 Referral Agency Fees: Engineering $170 Total Deposit: $435 To apply, submit the following Information: "1-otal deposit for review of the application. 35 Proof of ownership. Applicant's name, address and telephone number in a letter signed by the applicant, which also states the name, address and telephone number of the. representative. Include street address and legal description of the property. Summery letter explaining the request (existing conditions and proposed uses). An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. Old (existing) plat if one exists. Proposed plat from a registered land surveyor. Call City Engineer for plat requirements. 920.5080 Copies of Prior approvals (from City Clerk) 2 Copies of the complete application packet (items 2-8) Process: Apply, Planner reviews case for completeness and sends to Engineering and referral agencies. 2-3 weeks later planner will contact applicant with the suggestions from Engineering; for preparation of the Final Plat. The applicant's surveyor makes those changes and brings in 2 reproducible mylar copies to the planner. Planner reviews Plat for consistency with Lngineering suggestions and the Dircctor approves, approves with conditions, or denies application based on consistency with the review criteria and technical ccnsiderations. Plat is then signed by City Engineer. Applicant records the final plat at the. County Clerk and Recorder ($10 Recording Fee per page.) Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. Uie summary is based on current Toning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create 3 legal or vested right. • RESOLUTION OF THE ASPEN PLANNING AND ZOI*G COMMISSION FOR THE APPROVAL OF BOTH A VARIANCE FROM STANDARD 26.58.040(B)(1) OF THE RESIDENTIAL DESIGN STANDARDS AND FOR A CONDITIONAL USE FOR AN ACCESSORY DWELLING UNIT TO BE LOCATED IN THE ADAIR DUPLEX, 126 PARK AVENUE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2737-181-00-034 Resolution #98 - 40 WHEREAS, the Community Development Department received an application from Arja Adair, owner and applicant, for a Conditional Use Review for an Accessory Dwelling Unit of approximately rive -hundred -and -ninety-four (594) square feet to be located in a proposed duplex at 126 Park Avenue, City of Aspen. and, WHEREAS, the parcel is approximately 4,953 square feet and located in the Medium -Density Residential (R-6) Zone District: and. WHEREAS, pursuant to Sections 216.28.040. Medium -Density Residential, 26.40.090, Accessory Dwelling Units, and 26.60.040, Standards Applicable to All Conditional Uses, of the Aspen Municipal Code, Accessory Dwelling Units in the R-6 Zone District may be approved, at a public hearing, by the Planning and Zoning Commission as Conditional Uses in conformance with the requirements of said Sections; and, WHEREAS, pursuant to the provisions of Chapter 26.22 of the Aspen Municipal Code, the Planning and Zoning Commission may grant variances from any one or more of the Residential Design Standards of Chapter 26.58; and, WHEREAS, the Housing Office, Aspen Consolidated Sanitation District, City Engineering, and the Community Development Department reviewed the proposal and recommended approval with conditions; and, WHEREAS, during a duly noticed public hearing at a regular meeting on December 8, 1998, and January 5, 1999, the Planning and Zoning Commission approved, by a seven to zero (7 - 0) vote, the variance from Standard 26.58.040(B)(1) of the Residential Design Standards, and a Conditional Use for an Accessory Dwelling Unit to be located in the proposed Adair Duplex, 126 Park Avenue, with the conditions recommended by the Community Development Department, as amended by the Commission during the hearing. NOW, THEREFORE BE IT RESOLVED by the Commission: That the Conditional Use for an Accessory Dwelling Unit of approximately five hundred ninety-four (594) square feet to be located in the proposed Adair Duplex, 126 Park Avenue, is approved with the following conditions: 1. The applicant shall rectify all property boundary adjustments prior to applying for a building permit. A Lot Line Adjustment Plat may be approved by the Community Development Director pursuant to Section 26.88.030. 2. The Building Permit application shall include/reflect: a. a signed and recorded copy of this Planning and Zoning Commission Resolution; b. a current Site Improvement Survey signed by a registereuend Surveyor; c. a drainage report and a drainage plan, prepared by a Colorado licensed Civil Engineer, including a erosion control plan which maintains sediment and debris on - site during and after construction. If a around recharge system is required, a soil percolation report will be required to correctly size the facility. A 2-year storm frequency should be used in designing any drainage improvements; d. a recorded agreement to construct sidewalk, curb, and gutter for the contiguous portions of Park Avenue. e. a recorded agreement to join any future improvement districts for the purpose of constructing improvements which benefit the subject property under an assessment formula; f. a recorded property deed restriction for the Accessory Dwelling Unit, a form for which may be obtained from the Housing Office. The deed restriction shall be noted on the bi4ilding permit plans; g. that the proposed ADU is labeled as such, meets the definition of an Accessory Dwelling Unit, and contains between 600 and 700 square feet of net livable space; h. that the ADU is able to function as a separate dwelling unit having a separate entrance and containing a kitchen (having a minimum of a two -burner stove with oven, standard sink, and a 6-cubic foot refrigerator plus freezer) and a bathroom; i. that the ADU has the minimum one (1) off-street parking space of standard size (18' x 8.5') provided on -site and not encroaching on public rights -of -way. The ADU parking space shall be labeled on the permit plans; J. that the two driveways are separated by at least twenty (20) feet; k. that the ADU meets all applicable UBC requirements for light, sound attenuation, and air ventilation; 1. compliance with the dimensional requirements of the R-6 Zone District. Property hiatuses shall not contribute to the calculation of allowable Floor Area for the property; and, m. compliance with the service requirements of the Aspen Consolidated Sanitation District, a completed tap permit, and payment of all connection charges due to the ACSD. 3. The "one-story element" Residential Design Standard requirement is satisfied as provided in the land use application drawings without the provision of an overhang above the northern -most garage. If approved, this condition represents a variance from the one-story element provision (26.58.040(B)(1)) of the Residential Design Standards based on a finding that variance criterion "B" of Section 26.22.010 has been met. 4. All utility meters, and any new or relocated utility pedestals or transformers must be installed on the applicant's property and not in any public right-of-way. Easements must be provided for pedestals. All utility locations and easements must be delineated on the site improvement survey. Revisions to utility locations and easements, if any, must be delineated on a revised site improvement survey prior to issuance of a Certificate of Occupancy. Meter locations must be accessible for reading and may not be obstructed. 5. A tree removal permit from the City Parks Department shall be required for the removal or relocation of trees. Also, no excavation can occur within the drip line of the tree(s) to be preserved and no storage of fill material can occur within this/these drip line(s). 6. All construction vehicles, materials, and debris shall be maintained on -site and not within public rights -of -way unless specifically approved by the Director of the Streets Department. The applicant shall inform the contractor of this condition. 7. The applicant must receive approval for any work within puo rights -of -way from the appropriate City Department(s). This includes, but is not limited to, approval for a mailbox and landscaping from the City Streets Department. 8. The applicant shall record this Planning and Zoning Commission Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza Building. There is a per page recordation fee. In the alternative, the applicant may pay this fee to the City Clerk who will record the resolution. 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 conditions of approval, unless amended by an entity with the authority to do so. 10. If shrubbery on either side of the AbU window wells is not accepted by the Chief Building official as meeting proper safety requirements, the applicant shall accommodate the Uniform Building Code requirement with the provision of grates over the window wells. APPROVED by the Commission at its regular meeting on January 5, 1999. APPROVED AS TO FORM: l Ci Attorney ATTEST: Pkioe Lothian, Deplity City Clerk PLANNING AND ZONING COMMISSION: Robert Blaich, Chair 0 �J I� L 1_J 46 0 10 20 LINE BEARING DISTANCE L 1 N 05'03'W 10.64' L 2 S 75'06'W 5.31' LEGEND AND NOTES O FOUND NO.5 RE -BAR WITH CAP AS DESCRIBED SET SURVEY MONUMENT 25947 A SPIKE SURVEY CONTROL O— —ED FENCE POSTED ADDRESS: '126. 128 AND 130' WINDOW WELL SURVEY MONUMENTS NOT SET IN CONCRETE DRIVE �..�� UNIT DIVISION LINE THIS PLAT IS PART OF THE DECLARATION FOR THE ADAIR DUPLEX CONDOMINIUMS (THE-DECLAR^TI,ION-) RECORDED THE .1i_ DAY OF __4 . . 2001. UNDER RECEPTION ue.�lclol. Y THE DECLARATION DOES NOT RESERVE DEVELOPMENT RIGHTS. ALL OF THE REAL PROPERTY SHOWN HEREON IS NOT SUBJECT TO DEVELOPMENT RIGHTS. THE RECORD SOURCE OF EASEMENTS AND ENCROACHMENTS SHOWN ON THIS MAP IS COMMITMENT FOR TITLE INSURANCE CASE NO. PCT12965. DATED JANUARY 2. 2001. AT 6:00. A.M.. ISSUED BY PITKIN COUNTY TITLE. INC. REFERENCES IN THIS MAP. THE NOTES. OR ELSEWHERE. RECORDED DOCUMENT SHALL REFER TO DOCUMENTS IN THE PITKIN COUNTY REAL ESTATE RECORDS. THE UNITS COMPRISE BOTH THE IMPROVEMENTS AND THE LAND APPURTENANT THERETO. WEST PROPERTY LINE IS CONTIGUOUS WITH R.O.W. ALL EASEMENTS OF RECORD AS INDICATED ON THE COMMITMENT FOR TITLE INSURANCE PREPARED BY PITKIN COUNTY TITLE. INC.. CASE NO. PCT12965. DATED JANUARY 2. 2001 ARE SHOWN HEREON. A.D.U. IS PART OF UNIT 1 : K PARKING SPACE 8.5'X 18' 04 0 tn VICINITY MAP NOT;THE MIN TO COL T ON�THIS PLAT E 6 Y pA IM TNI tI gf rT. IN NO l�p#I18{NEOYN� /,�,T_IMI J UN 1! V01� ALA Alll` OVIr I TEAL OF rT1Ew ADAIR DUPLEX CONDOMINIUMS, CONDOMINIUM MAP OF THE HOBGOOD PARCEL AS SHOWN ON THE FIRST AMENDMENT TO THE HOBGOOD-BURRES SUBDIVISION EXCEPTION PLAT RECORDED IN PLAT BOOK 49 AT PAGE 11. CITY OF ASPEN. PITKIN COUNTY. COLORADO. AREA: (0.112 ACRES) 4.882 -/- S.F. OWNER'S CERTIFICATE KNOW ALL PERSONS BY THESE PRESENTS THAT ARJA P. ADAIR JR.. BEING THE RECORD OWNER OF CERTAIN LANDS IN THE CITY OF ASPEN. PITKIN COUNTY COLORADO AS DESCRIBED AS : THE HOBGOOD PARCEL AS SHOWN ON THE FIRST AMENDMENT TO THE HOBOOOD-BURRES SUBDIVISION EXCEPTION PLAT RECORDED IN PLAT BOOK 49 AT PAGE 11. DOES HEREBY CERTIFY THAT THIS (2 UNITS WITH WITH A.D.U.) CONDOMINIUM PLAT HAS BEEN PREPARED PURSUANT TO THE PUReO$ES STATED IN E CONDOMINIUM AS DECLARATION FOR $, I�ID I N I uM DATED THE 1l� DAY OF RECEPTION NUMBER ��;: OF THE RECORDS OF THE CLERK ND RECORDER OF THE COUNTY OF PITKIN, S AT OF COLORADO. ARJA P. ADAIR JR .. OWNERV LSTATE ORA'H SP4.ITH" TARY PUBLIC OE COLpDO STATE OF COLORADO ) F COUNTY OF_P1TkIN ) TH FCC OREf301NG OWNERS CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS OF 2001. BY . ARJA P. ADAIR JR.. OWNER. NOTARY PUBLIC MORTGAGEES CERTIFICATE KNOW ALL MEN BY THESE PRESENTS THAT THE BANK OF CHERRY CREEK. N.A. IS THE MORTGAGEE TRUST RECORDED IN DESCRIBED BRPROPERTYEAL A RECEPTION OFTHEREALIDENCE BD ESTATERECORDSY THAT OF PITKIN COUNTY . COLORADO. HEREBY CONSENTS TO THE RECORDING OF THIS PLAT. VRESEN H 1 S -30 DAY OF M4 V-" 2001. ESTATE BORAH SMITH ATIVE 0 THE BANK TARY PUBLIC CREEK N.A.. OF COLORADO STATE OF COLORADO ) a 02 COUNTY OF PITKI I THE GOING MORTGAGEES CERTIFICATE WAS ACKNOWLEDGE BEFORE ME THIS DAY OF 2001. BY )Oftl k1 u REPRESENTATIVE OF THE BANK OF CHERRY CREEK. N.A.. WIT! SS MY NAND AND OrTICIA z A! MY C 1551ON EXPIRES: " Z NOTARY PUBLIC SURVEYOR'S CERTIFICATE I. JOHN HOWORTH. HEREBY CERTIFY THAT A SURVEY WAS PERFORMED 4/00 UNDER MY DIRECTION AND SUPERVISION OF THE HEREON DESCRIBED PROPERTY SHOWN HEREON, IN THE CITY OF ASPEN. BOUNDARY LPITKIN INES. UTILITIES. IMPROVEMENTS MPROVEMENTSOANDHEASEMENTSNAND DIMENSIONS OF THE SHOWN ON THE TITLE COMMITMENT NOTED HEREON ARE ACCURATELY SHOWN ON THIS MAP. AND THE MAP ACCURATELY AND SUBSTANTIALLY DEPICTS THE LOCATION AND HORIZONTAL DIMENSIONS OF THE BUILDING AND INDIVIDUAL UNITS AND THE UNIT DESIGNATIONS THEREOF. THIS SURVEY WAS PERFORMED IN ACCOIRDANI:E WITH COLORADO REVISED STATUTES 1973. TITLE 38. ARTICLE 51. AS AMENDED FROM TIME TO TIME. CONTROL SURVEY CLOSES TO GREATE HA 1. ' k ,-000 SIGNED: JO HOW � . L . 25947 TITLE CERT I F THE UNDERSIGNED l DULY ')AUTHORIZED REPRESENTATIVE OF PITKIN COUNTY TITLE, INC.. REGULARLY DOING BUSINESS INPITKIN COUNTY. COLORADO. DOES HEREBY CERTIFY THAT THE PERSONS LISTED AS OWNERS ON THIS PLAT DO HOLD SIMPLE TITLE TO THE WITHIN REAL PROPERTY. FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES EXCEPT THOSE LISTED ON THE OWNERS CERTIFICATE ALTHOUGH WE BELIEVE THE FACTS STATED ON THIS PLAT ARE TRUE. THIS CERTIFICATE IS NOT TO BE CONSTRUED AS AN ABSTRACT OF TITLE . NOR AN OPINION OF TITLE NOR A GUARANTEE OF TITLE, AND IT IS UNDERSTOOD AND AGREED THAT PITKIN COUNTY TITLE. INC. NEITHER ASSUMES NOR WILL BE CHARGED WITH ANY FINANCIAL OBLIGATION OR LIABILITY WHATSOEVER ON ANY STATEMENT CONTAINED HEREIN . PITKIN COUNTY TITLE, INC. 601 E. HOPKINS ASPEN. COL DO 8116 SIGNED: BY: STATE OF COLORADO ) I its COUNTY OF PITKIN ) Jt� TH 120011 EBYr�(1�F�E,�YA I AGK UWLE�D BEFORE ME THIS g!n REPRESENTATIVEPC CO N Y TITLE. INC. . R1 FIB Ili - NOTARY PUBLIC C I TY ENGINEERS APPROVAL r.t, THIS CONDOMINI WAS APP OVED THE CITY OF ASPEN DEPARTMENT OF EN EEJ,ING THIS AY OF 2001. am a _CI T—Y ENGIN E ER COMMUNITY DEVELOPMENT DIRECTOR APPROVAL THIS CONDOMINIUM MAP WAS APPROVED BY THE COrtkNITY DEVE PMENT 2001. DIRECTOR OF T IT F ASP COLORADO THIS T DAY OF PURSUANT TO �• OF THE MUNICIPAL CODE OF TH CITY OF ASPEN. DI EC R 1 I of CLERK AND RECORDERS CERTIFICATE THIS CONDOMINIUM MAP WAS ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND R C RDER OF TH COU TY OF PITKIN. STATE OF COLORADO. AT —O'CLOCK. M. THIS DAY OF Y� 2001. AND RECORDED IN PLAT BOOK ""Y" AT PAGE AS RECEPTION NUMBER• I CLERK ANO RECOVER SHEET I OF I PREPARED BY ASPEN SURVEY ENGINEERS. INC. 210 SOUTH GALENA STREET ASPEN. COLORADO 61611 PHONE/FAX (970) 025-3616 DATE JOB 3/01 28105D • n LJ �'5 a