HomeMy WebLinkAboutLanduse Case.CO.126 Park Ave.A018-01
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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
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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
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MEMORANDUM
To: Fred Jarman, Planner
From: Richard Goulding, Project Engineer
Date: March 2, 2001
Re: PomCElf":'llc:lbGUlldulirtlIIUlIIS /:;'6 PA~C AVE'
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 Tille 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.
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5375 S. Geneva Way
Englewood, Colorado 80 111
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 ADD. 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:
L 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 Plauniug 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.
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A1ja P. Adair, Jr.
5375 South Geneva Way
Englewood, Colorado 80111-6222
303-521-3121
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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
ture
CERTIFIED TO: JANUARY 2,2001 @ 8:00 A.M.
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LEITER OF AUTHORIZATION
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David Muckenhim 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 1 L
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Alja P. Adair, Jr., Owner
126/128/130 Park Avenue
Aspen, Colorado 81611
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Residence:
5375 South Geneva Way
Englewood, Colorado 80111-6222
303-521-3121
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SEP-11-2000 MON 02:23 PM ~
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CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER:
PROJECT:
REPRESENTATIVE:
OWNER:
TYPE Of APPLICATION:
DESCRll'T!ON:
J m s Lindt, 920.5104 DATE: 9.11.00
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Subdivision exemption forCondominillmizatiol1
Co'ndominiumization of existing platted land and house
Land Use Code Section(s)
26.480.090 Condominiumizatlon
26.304 Developmllnt Review Procedure5
Review by:
Staff for complete application, l'efelTal agencies for technical considerations, Community
Development Director for final approval.
No.
Engineering
Planning Hat Fee $265
Engineering $170
$435
Public Hearing:
Referral Agencies:
Planning f~es:
Referral Agoncy Foos:
Total Deposit:
To apply, submit the following information:
1. Total depositfor rcview of the application. .. 4!.S -
2. Proof of ownership.
3. Applicant's name, address and telephone number in a Jetter signed by th~ applieallt, which .Iso states the name,
addross and telephone number of th~ representative. lnellld~ street address and legal description of the property.
4. Summary lettcr explaining the request (existing conditions and proposed uses).
S. An 8 112" by 11" vicinity map locating the parcel within the City of Aspen.
6. Old (existing) plat if one exists.
7. Proposed plat from a registered land surveyor. Call Cily Engineer for plat requirements. 920.5080
8. Copies of prior approvals (from City Cierk)
9, ~Copjes of the complete application packet (items 2-8).
Process:
Apply. Planner reviews easc for cempleteness and sends to Engineering and referral agencies. 2-3 weeks later pl.nner
will contact applicant with tho suggestions from Engineering for preparation oftbc Pin.1 Plat. lhe applicant's surveyor
makes those changes and brings in 2 reproducible mylar copie.s to the planner. Planner reviews plat for consistency witl1
Bnginel;lring suggestions and the Director approves, approves with conditions, or denies applicatio!l based on consistency
with tho review criteria and technical considerations. Plat is tllen signed by City Bngineer. Applicant records the final
plat at the County Clerk and Recorder ($10 Recording Pee per page.)
Pi~,<:laimc'r;
l1te forcg()ing summary is advisory in nature only and is not binding on the City. 1'he summar)" is based on current .?:oning, which is
subjltlct 10 change in the fUfure, ~md upon factual reptesentMions that may 01" rtlf'.y not be accurate, The summary does not creat~ a
legal or vcMcd right.
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RESOLUTION OF THE ASPEN PLANNING AND ZON1"G COMMISSION
FOR THE APPROVAL OF BOTH A VARIANCE FROM STANDARD
. 26.58.040(B)(I) OF THE RESIDENTIAL DESIGN STANDARDS AND FOR A
CONDITIONAL USE FOR AN ACCESSORY DWELLING UNIT TO BE
LOCATED IN THE ADAIR l)UPLEX, 126 P ARK AVENUE, CITY OF ASPEN,
PITKIN COUNTY, COLORADO.
Parcel No. 2737-181-00-034
Resolution #98 - 10
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 !lve-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 26.28.040, 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 jn conformance with the reqnirements 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 anyone 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 hml(ired
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 inay 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;
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b. a current Site im~rovement Survey sigIleclby a registere[Jnd 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 ground 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 blOilding 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.S8.040(B)(I)) ofthe 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.
S. 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 offill 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.
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7. The applicant must receive approval for any work within pubuJ 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:
PLANNING AND ZONING COMMISSION:
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Robert Blaich, Chair
ATTEST:
City Clerk
ADAIR
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