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HomeMy WebLinkAboutcoa.lu.cu.Frenzel 329 Park Ave. ADU 2737-181-58-001A A102-96 2737-181-58-001 �,Zl.� /// Frenzel Conditional Use for ADU & Stream Marvin Review U FA Aspen/Pitkin Community Development Department 130 South Galena Street Aspen, Colorado 81611 (970) 920-5090 City Land Use Application Fees: 00113-63850-041 Deposit 10,50 -63855-042 Flat Fee - i3860-043 HPC -63885-268 Public Right -of -Way -63875-046 Zoning & Sign Permit -MR01 l Use Tax 10000-67100-383 Park Dedication 15000-63050-480 AHCommercial 15000-63065482 AH Residential County Land Use Application Fees: 00113-63800-033 Deposit -63805-034 Flat Fee -6382M37 'Zoning -63825-038 Board of Adjustment Referral Fees: 00113-63810-035 County Engineer 00115-63340-163 City Engineer 62023-63340-190 Housing 00125-63340 2205 Environmental Health 00113-63815-036 County Clerk 00113-63812-212 Wildlife Officer Sales: 00113-63830-039 County Code -69000-145 Copy Fees Other TotalJ 1-� Zo Name:1,m Date: " Check: 62 Address:Project: Case No: Phone: No. of Copies /,. Cp A z-1j E L U A r) I � j Ej A PARCEL ID:12737-181-58-001 DATE RCVDJ71�796 # COPI CASE NO "A102-96 CASE NAM Otto Frenzel PROJADD, Park Ave CASE TYPI Conditional Use for ADU & Stream Margin Review OWN/APP:167Frenzel- 11330 Templin Rd. C/S1Z:jZionsvEill, IN S46077 ,HN:1317-873-6360 REP :Mllliarn B.Campbell Archite175 BIg Hat Rd. C/S/Z:1 Basalt., CO 81621-9 HN1227-44 5 FEES DUE:r,090,235+105=1390 Ilk FEES RCVDj 1 050+235+105=1 390 STA . IREFERRALM REFT DU DATE OF FINAL ACT lBOCC\CC N CLOSED:1 Bqm HRG OF PLAT SUBMI ADMI 3/4/97: 4/11/97 #97-6: Reso# 97-8 CAS f D SUMMARY SHEET - CITY C&EN DATE RECEIVED: DATE COMPLETE: PARCEL ID # 12/27/96 2737-181-58-001 CASE # A 102-96 STAFF: Mary -Lackner c-HetS PROJECT NAME: Frenzel Conditional Use for ADU & Stream Margin Review Project Address: Park Avenue APPLICANT: Otto Frenzel Address/Phone: 11330 Templin Road Zionsville, IN 46077 (317) 873-6360 REPRESENTATIVE: William B. Campbell Architect P.C. Address/Phone: 175 Big Hat Road Basalt, CO 81621-9778 927-4425 RESPONSIBLE PARTY: Other Other Name/Address: hlo t �)Ljyn I ti fGl/ FEES DUE FEES RECEIVED PLANNING $1050 PLANNING $1050 # APPS RECEIVED 12 PLANNING $235 PLANNING $235 # PLATS RECEIVED 12 ENGINEERING $105 ENGINEERING $105 GIS DISK RECEIVED: ENV HEALTH $0 ENV HEALTH $ CLERK $0 CLERK $ TYPE OF APPLICATION TOTAL $1390 TOTAL RCVD $1390 One Step 1:7aaaa-ma �.�i ❑ City Attorney [I City Engineer ❑ Zoning [] Housing ❑ Environmental Health ❑ Parks DATE REFERRED: 1 APPROVAL ❑ Aspen Fire Marshal ❑ City Water ❑ City Electric ❑ Clean Air Board ❑ Open Space Board ❑ Other: INITIALS: �d— Ordinance/Resofutib '# Staff Approval Plat Recorded: CLOSED/FILED DATE: INITIALS: ROUTE TO: C/,�l� vv.. , ; 0, ❑ CDOT ❑ ACSD ❑ Holy Cross Electric ❑ Rocky Mtn Natural Gas ❑ Aspen School District ❑ Other: DATE DUE: 11._' I, fiat: Date: Book Page r RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE APPROVAL OF A CONDITIONAL USE FOR AN ACCESSORY DWELLING UNIT AT THE FRENZEL RESIDENCE LOCATED AT 329 PARK AVENUE, CITY OF ASPEN PARCEL # 2737-181-58-001, CITY OF ASPEN Resolution #97 - 8 WHEREAS, The Community Development Department received an application from Mr. Otto Frenzel, owner, for a Conditional Use Review for an Accessory Dwelling Unit of approximately four hundred and fifty (450) square feet, with dimensional variations to the front yard setback by twelve feet six inches (12'6"), side yard setback by three feet (3'), and to the maximum allowable square footage by two hundred twenty five (225) sgaure feet, and WHEREAS, Pursuant to Section 26.40.090 of the Aspen Municipal Code, Accessory Dwelling Units may be approved by the Planning and Zoning Commission as Conditional Uses in conformance with the requirements of said Section; and WHEREAS, the Housing Office, City Engineering, Parks Department and Community Development Department reviewed the proposal and recommended approval with conditions; and WHEREAS, during a public hearing at a regular meeting on April 1, 1997, the Planning and Zoning Commission approved by a 7-0 vote the Conditional Use for the Frenzel Accessory Dwelling Unit with the conditions recommended by the Community Development Department, with condition 41 amended by the Commission during the public hearing. NOW, THEREFORE BE IT RESOLVED by the Commission: That the Conditional Use for an Accessory Dwelling Unit containing approximately four hundred and fifty (450) square feet above the detached garage of the proposed Frenzel residence at 329 Park Avenue is approved with the following conditions: Prior to issuance of a building permit, the applicant shall submit appropriate development plans in accordance with all dimensional requirements of the R-6 zone district and variances approved by the Commission for a front yard variance of 12'6" for the accessory dwelling unit and a side yard variance of 3' for the accessory dwelling unit. The final plat shall be amended to clearly show the building envelope for the Lot. The accessory dwelling unit shall be labeled and the deed restriction noted on the final plat. Parking for the ADU will be delineated on the final plat. All dimensional variations for the property shall be clearly delineated and noted on the final plat. 2. The applicant shall acquire approval from the appropriate utility companies for any proposed construction activity within utility easements prior to the issuance of any permits. 3. Prior to the issuance of any building permits the owner shall: a. Verify with the Housing Office that the allowable floor area of the Accessory Dwelling Unit contains between 300 and 700 square feet; b. Verify with the Housing Office that the ADU will contain a kitchen having a minimum of a two -burner stove with oven, standard sink, and a 6-cubic foot refrigerator plus freezer; c. Provide the Housing Office with a signed and recorded Deed Restriction, a copy of which must be obtained from the Housing Office; d. Clearly identify the Accessory Dwelling Unit (ADU) on building permit plans with the minimum one (1) off-street parking space provided. 4. Prior to issuance of a Certificate of Occupancy, the Housing Office and/or the Zoning Officer shall inspect the accessory dwelling unit for compliance with all appropriate standards in Section 26.40.090 of the Code and any conditions of approval. 5. The driveway curb cut shall be no more than 10 feet in width if accommodating a single drive, no more than 18 feet in width if accommodating a double driveway. The common access and utility easement and the five (5) foot wide "pedestrian area" along the Park Avenue right-of-way shall both remain unobstructed from improvements. 6. Prior to a Certificate of Occupancy, the owner shall relocate the existing aerial utility lines underground. Any pedestal or other underground equipment shall be installed on an easement provided by the property owner and not located within a public or private right-of-way. 7. The owner is encouraged to relocate the property's mailbox to the north side of the access easement, next to the other mailboxes, to better accommodate traffic movements on Park Avenue. 8. Prior to issuance of a building permit, applicant shall comply with all standards of Section 26.58 Residential Design Standards. 9. Before a building permit is issued, the Zoning Officer will determine if adequate measures to the design of the roof have been taken to prevent the accumulation of snow at the base of the stairway leading to the accessory dwelling unit. 10. 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 otherwise amended by other conditions. APPROVED by the Commission at its regular meeting on April 1, 1997. APPROVED AS TO FORM: City Attorney ATTEST: #ackieLothian, Deputy City Clerk PLANNING AND ZONING COMMISSION: �' � r— - &61-,- 1, � Sara Garton, Chair • RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE APPROVAL OF THE FRENZEL STREAM MARGIN REVIEW LOCATED AT 329 PARK AVENUE, CITY OF ASPEN PARCEL # 2737-181-58-001, CITY OF ASPEN Resolution No. 97-� WHEREAS, Otto Frenzel submitted for approval to the Commission an application for Stream Margin Review for the construction of a single family house with an accessory dwelling unit on the property located at 329 Park Avenue, near the intersection of Park Avenue and Regent Streets, City of Aspen parcel # 2737-181-58-001, which adjoins the Roaring Fork River; and, WHEREAS, the Planning staff received referral comments from the Engineering Department, and the Parks Department, and upon consideration of those comments recommended approval of the Stream Margin Review with conditions; and WHEREAS, the Commission reviewed and approved the Stream Margin Review with conditions by a 5-0 vote on March 4, 1997. NOW, THEREFORE, BE IT RESOLVED by the Commission: That it does hereby approve the Frenzel Stream Margin Review with conditions as follows: 1. The final plat shall be amended to clearly show the revised building envelopes for the Lot with top -of -slope being elevation 7,935. The accessory dwelling unit shall be labeled and the deed restriction noted. Parking for the ADU will be delineated. A fifteen foot no development setback from the top -of - slope shall also be delineated parallel to this contour on the revised and recorded plat. 2. Before issuance of any permits, a current Site Improvement Survey certified by a registered land surveyor, licensed in Colorado showing the location of the non -dedicated storm sewer, any utility easements, all existing vegetation, slope percentages, wetland and riparian vegetation areas, and the Special Flood Hazard Area shall be submitted in accordance with Section 26.52.030(B)(5). 3. The applicant will continue to negotiate in good faith with the City of Aspen to grant a public access easement through the property along the Roaring Fork River for the purpose of establishing a recreational trail. Both the City of Aspen and the applicant are aware that the City is strongly encouraging this dedicated easement but cannot require it as a condition of approval. 4. The applicant shall submit site sections of the final architectural plans for the single-family residence and Accessory Dwelling Unit pursuant to Section 26.68.040(B)(13). The site sections shall be signed and stamped by a registered architect or engineer. The City Zoning Officer shall measure and determine height pursuant to Section 26.68.040(B)(10), Figure A, with the top -of -slope for the lot being elevation 7935, before issuance of any permits. 5. Pursuant to Section 26.68.040(B)(5), the applicant shall provide a plan addressing pollution or interference with the natural changes of the river, stream or other tributary, including erosion and/or sedimentation during construction before issuance of any permits. The applicant shall provide a plan to accommodate on -site drainage within the parcel to prevent entry into the river or onto its banks before issuance of any permits. The applicant shall provide a plan addressing any pool/hot tub drainage before issuance of a building permit. 6. The applicant shall acquire approval from the appropriate utility companies for any proposed construction activity within utility easements prior to the issuance of any permits. 7. A landscape plan pursuant to Section 26.68.040(B)(11) of the Code showing only approved native vegetation planting taking place below the top of slope or within fifteen (15) feet of the top -of - slope or the high waterline, whichever is most restrictive shall be submitted before issuance of any permits. The building envelope boundary shall be approved prior to issuance of any building permits. No vegetation shall be manipulated outside the revised building envelope. Owner shall revegetate with only native plantings any soil disturbed on the site. A tree removal permit shall be required for the removal or relocation of trees as per Section 13.20.020 of the Code. 8. Any development below the top -of -slope deemed essential shall only be approved by special review pursuant to Section 26.64.040(D) of the Code. 9. All exterior lighting shall be low and downcast with no light(s) directed toward the river or located within the no development setback or down the slope pursuant to Section 26.68.040(B)(12) 10. The applicant is strongly encouraged to submit a design for a storm sewer line and sewer outfall that accommodates historical drainage, and dedicate and record a storm sewer easement that allows the City to maintain and operate this storm sewer line, for review and approval by the Engineering Department. If owner does not dedicate this easement, owner shall include a note on the final plat indicating that the owner of the property is responsible for maintaining the historical drainage through the parcel. 11. 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 otherwise amended by other conditions. APPROVED by the Commission at its regular meeting on March 4, 1997. APPROVED AS TO FORM: - - ('_D_j I I City Attorney ATTEST: 0 Fck—ie Lothian, Deputy City Clerk PLANNING AND ZONING COMMISSION: _�a�a 0a Sara Garton, Chair Mr. Otto N. Frenzel, III 11330 Templin Road Zionsville, IN 46077 April 1, 1997 Community Development Department City of Aspen 130 South Galena Street Aspen, CO 81611 Re: Frenzel Stream Margin and Conditional Use for ADU Gentlemen: This letter shall serve as authorization for Charles T. Brandt to serve as my representative in connection with the referenced matters and any other land use matter requiring City of Aspen approval. Very truly yours, Otto N. F enzel, III /ONF HH:19922 v 1 8E_L ARCHITEC Ncfc Frenzel 11330 Templin AOad Zronsvw6, IN 40M 317.873.6360 pier 23, 188d To whom it may aonoem: ell, Architect PC,175 eifl Hat Rd., 6eselt. CO 816219776.927-4425, is my William 8. Cap rt desuibed In the accompanying 9MIOSure Mi tecated ,,"ntptiva In natters concernirtig the p y gn Park Av.{number unassigned?, Aspe+1. Co. TO: Aspen Planning and Zoning Commission THROUGH: Stan Clauson, Community Development Director Julie Ann Woods, Deputy Director FROM: Christopher Bendon, City Planner RE: Frenzel Stream Margin Revie Conditional Use for an Accessory wetting Unit (ADU) -Public earing. 329 Park Avenue, near intersection of Park Avenue and Regents Streets. City of Aspen Parcel # 2737-181-58-001 DATE: February 26, 1997 SUMMARY: The applicant is requesting Conditional Use approval to construct an Accessory Dwelling Units (ADU) above a detached garage associated with a new single family residence. By providing this ADU, the applicant would obtain a GMQS Exemption for the single family residence pursuant to City Land Use Regulations. The property adjoins the Roaring Fork River and is subject to Stream Margin Review (ESA) criteria established in Section 26.68.040 of the Municipal Code. The applicant's Application is attached as Exhibit A, and referral comments from Engineering, Housing and Parks are included as Exhibit B. Community Development m nds approval of the Stream Margin Review, i nd' ' 1-11 & 19 nd recommends approval of 41� Conditional Use for the Accessory Dwelling Unit (ADU) with conditions listed 12-19, for the subject property, 329 Park Avenue, Parcel # 2737-181- 58-001. APPLICANT: Otto Frenzel, represented by William Campbell, Architect P.C. LOCATION: 329 Park Avenue, located near the intersection of Park Avenue and Regent Streets. City of Aspen Parcel # 2737-181-58-001. Property adjoins the Roaring Fork River. ZONING: Medium Density Residential (R-6) PUD. ADU's are a conditional use in this zone district. CURRENT LAND USE: Vacant LOT SIZE: .312 Acres = 13,590 Square Feet. A portion of this lot is within the high water mark of the Roaring Fork River and has not been subtracted from this calculation. ALLOWABLE FAR: For lots 9,000-15,000 square feet this zone district allows for 3,660 square feet of floor area plus 6 square feet of floor area for each additional 100 square feet of lot area up to a maximum of 4,020 square feet. This formula gives an allowable floor area of 3,935 square feet for this site. This calculation is an estimate only and based on the total size of the lot. It does not take into account slope reductions, areas within the floodplain, or any potential FAR bonuses. PROPOSED LAND USE: One detached single-family residence with a corresponding accessory dwelling unit. Detached residential dwellings are permitted uses on lots of 6,000 square feet or greater in the R-6 zone district. An ADU is a conditional use in this zone district. REVIEW PROCEDURE: Stream Margin (ESA) Review is a one-step process at a meeting before the Planning and Zoning Commission. An ESA Review may be consolidated with any other development applications. Stream Margin (ESA) Review is not a public hearing and requires no notification of the public prior to review as per Section 26.52.060(E)(4)(a). Accessory Dwelling Units (ADU's) must comply with Section 26.40.090 and require conditional use approval pursuant to Section 26.60.040 by the Planning and Zoning Commission at a public hearing. It is a one-step review that requires notification to be published, posted and mailed in accordance with Section 26.52.060(E). This development is also subject to the Residential Design Standards, Section 26.58.040. The information needed to properly conduct this review has not yet been made available by the applicant. Appropriate review of the application for compliance with the Residential Design Standards will be necessary before a building permit can be issued. BACKGROUND: Dieter Bibbig created this lot through subdivision August 9, 1973. There were no conditions associated with this subdivision. Frenzel purchased the property from Dieter Bibbig on April 10, 1996. A lot line adjustment for parcels 1 &2 was approved by Staff January 10,1997. The lot is 2 currently vacant. Access to the property is through a common access and utility easement (re -aligned) which lies between the two parcels. This property is located at the base of a natural drainage basin defined by S. Park Circle to the north and Midland Park Place to the northeast, continuing up Smuggler Mountain between the two streets. A non -dedicated storm sewer currently accommodates this storm run-off through the lot to the .Roaring Fork River. A storm sewer easement should be dedicated to the City of Aspen to maintain this historic storm drainage. An easement along the north-easterly property line (from Park Avenue to the Roaring Fork River), is the most logical alignment for maintenance, repair, and operation. (see Engineering Department Memorandum, Exhibit B). ADU The applicant is asking for a conditional use approval for an ADU located above a detached garage which will allow a GMQS Exemption for the single-family residence proposed. The public hearing for this conditional use review was opened February 4, 1997 and continued to March 4, 1997. The public hearing was properly noticed. Stream Margin Review This review was originally scheduled for February 4, 1997 and was tabled to February 18, 1997, in which the Planning and Zoning Commission, after discussing the project, continued the hearing to March 4, 1997, to allow the applicant to address a few issues with the Community Development Department. These were: 1) Whether or not there was an agreement formed between the applicant and Bob Nevins, Planner, concerning top -of -slope. Staff Response: Staff maintains that there was no such agreement. The applicant's representative, Bill Campbell, and Bob Nevins walked around the site and discussed top -of -slope. There were, however, no specific elevations for top -of -slope discussed, nor were there any maps drawn or agreements written. Staff has made it clear to the applicant's attorney that it is the applicant's burden of proof to represent this "agreement" with either verbal or written testimony from Bob Nevins. 2) A better representation of the site's topography in section view by a registered surveyor and a discussion on the top -of -slope issue with Engineering and Parks Departments. Staff Response: In a meeting on February 24, 1997, the applicant presented three site sections of the Frenzel Property prepared by Jim Reser, a registered surveyor, to Community Development, Engineering, and Parks Departments. The three departments agreed that there was no conclusive evidence to support the applicant's top -of -slope. In fact the section shown could support a more restrictive top -of -slope than that already recommended by City Staff. The applicant opted to not submit this new information to the application. REFERRAL COMMENTS: The comments from the City Engineering, Housing, and Parks Departments are included as Exhibit B. 4 STAFF COMMENTS: Stream Margin Stream Margin Review is contained within Chapter 26.68, Development in Environmentally Sensitive Areas (ESA) of the Municipal Code. Section 26.68.040 defines stream margins as "areas located within one hundred feet, measured horizontally, from the high water line of the Roaring Fork River and its tributary streams, or within the one hundred year floodplain where it extends one hundred feet from the high water line of the Roaring Fork River and its tributary streams, or within a flood hazard area (stream margin). Development in these areas shall be subject to heightened review so as to reduce and prevent property loss by flood while ensuring the natural and unimpeded flow of watercourses. Review shall encourage development and land uses that preserve and protect existing watercourses as important features. The Frenzel property is located within one hundred feet, measured horizontally, from the Roaring Fork River. The proposed development of new detached single- family residences on the lot is subject to Stream Margin Review pursuant to Section 26.68.040 (Exhibit C). STAFF FINDINGS: Based upon review of the applicant's land use application, agency referral comments and several site visits, Community Development staff make the following findings Pursuant to Section 26.68.040, Criteria for Stream Margin Review: A. No development shall be permitted in the floodway, with the exception of bridges or structures for irrigation, drainage, flood control or water diversion, which may be permitted by the City Engineer, provided plans and specifications are submitted to demonstrate that the structure is engineered to prevent blockage of drainage channels during peak flows and the Commission determines the proposed structure complies, to the extent practical, with all standards set forth below. Staff Finding: Applicant is not proposing development in the Floodway. Applicant is in compliance of Section 26.68.040 (A) B. No development shall be permitted within one hundred (100) feet, measured horizontally, from the high water line of the Roaring Fork River and its tributary streams, or within the Special Flood Hazard Area where it extends beyond 100 feet from the high water line of the Roaring Fork River and its tributary streams, unless the Commission makes a determination that the proposed development complies with all standards set forth below: It can be demonstrated that any proposed development which is in the Special Flood Hazard Area will not increase the base flood elevation on the parcel proposed for development. This shall be demonstrated by an engineering study prepared by a professional engineer registered in the State of Colorado which shows that the base flood elevation will not be raised, including, but not limited to, proposed 5 mitigation techniques on or off -site which compensate for any base flood elevation increase caused by the development; Staff Finding: Applicant has not delineated the Special Flood Hazard Area on the submitted site plan. However, top -of -slope is more restrictive and will prohibit development in the Special Flood Hazard Area. Applicant is not proposing development below top -of -slope and is therefore in compliance with Code Section 26.68.040 (B)(1) 2. Any trail on the parcel designated on the Aspen Area Community Plan, Parks/Recreation/Open Space/Trails Plan Map, or areas of historic public use or access are dedicated via a recorded easement for public use. Dedications are necessitated by development's increased impacts to the City's recreation and trail facilities including public fishing access; Staff Finding: Applicant has not accurately responded. A trail through the property is shown on the "Pedestrian Trails Plan" of the Aspen Area Community Plan (see Parks Department Memorandum, Exhibit B). However, under advice from the City Attorney, the City cannot require the applicant to grant an easement for a recreational trail through this Stream Margin Review process. The applicant is strongly encouraged to negotiate in good faith with the City of Aspen to grant or sell a public access easement along the Roaring Fork River as mentioned in the AACP. 3. The recommendations of the Roaring Fork Greenway Plan are implemented in the proposed plan for development, to the greatest extent practical; Staff Finding: The Roaring Fork Greenway Plan includes a trail along the Roaring Fork River through the applicant's property. The applicant has not provided a plan for the implementation of this trail. Again, the applicant is strongly encouraged to negotiate in good faith with the City of Aspen to grant or sell a public access easement along the Roaring Fork River as mentioned in the Roaring Fork Greenway Plan. 4. There is no vegetation removed or damaged or slope grade changes (cut/fill) made outside of a specifically defined building envelope. A building envelope shall be designated by this review and said envelope shall be barricaded prior to issuance of any demolition, excavation or building permits. The barricades shall remain in place until the issuance of Certificates of Occupancy; Staff Finding: A landscape plan has not been submitted. The applicant has provided a building envelope based on a top -of -slope just below elevation 7930. Based on contours represented on the site plan, the definition of top -of -slope per Section 26.04.100, and site visits, Engineering has determined top -of -slope to be 6 at elevation 7,934, while the Parks Department has determined top -of -slope to be at elevation 7,936. Staff is recommending that top -of -slope be established at elevation 7,935 and the fifteen -foot no -development zone be established parallel to this contour as a condition of approval before issuance of a building permit. 5. The proposed development does not pollute or interfere with the natural changes of the river, stream or other tributary, including erosion and/or sedimentation during construction. Increased on -site drainage shall be accommodated within the parcel to prevent entry into the river or onto its banks. Pool or hot tubs cannot be drained outside of the designated building envelope; Staff Findina: The applicant has not provided a plan addressing pollution or interference with the natural changes of the river, stream or other tributary, including erosion and/or sedimentation during construction. The applicant has not provided a plan to accommodate on -site drainage, or pool/hot tub drainage, within the parcel to prevent entry into the river or onto its banks. The submittal of this document should be a condition of approval. 6. Written notice shall be provided to the Colorado Water Conservation Board prior to any alteration or relocation of a water course, and a copy of said notice is submitted to the Federal Emergency Management Agency; Staff Findina: Not applicable. There is no alteration or relocation of the watercourse. 7. A guarantee is provided in the event a water course is altered or relocated, that applies to the developer and his heirs, successors and assigns that ensures that the flood carrying capacity on the parcel is not diminished; Staff Finding_ Not applicable. 8. Copies are provided of all necessary federal and state permits related to the work within the 100-year floodplain. Staff Findina: Not applicable. There is no proposed work within the 100-year floodplain 9. There is no development other than approved native vegetation planting taking place below the top of slope or within fifteen (15) feet of the top of slope or the high waterline, whichever is most restrictive. Staff Findina: No landscape plan has been submitted. A landscape plan pursuant to Section 26.68.040(B)(11) addressing Section 26.68.040(B)(9) should be submitted as a condition of approval for Stream Margin Review. Development deemed essential within this area may only be approved by special review pursuant to Section 26.64.040(D). 10. All development outside of the fifteen (15) foot setback from the top of slope does not exceed a height delineated by a line drawn at a forty-five (45) degree angle from ground level at the top of slope. Staff Findina: The applicant is not proposing development above this (45) degree angle. However, if the Commission accepts staffs recommendation to adjust top - of -slope to elevation 7935, the applicant may need to revise the proposed development. As a condition of approval, the Commission should require that the applicant's new design also meet this standard. 11. A landscape plan is submitted with all development applications. Staff Finding: A landscape plan has not been submitted. A landscape plan pursuant to Section 26.68.040(B)(11) should be submitted as a condition of approval for Stream Margin Review. 12. All exterior lighting is low and downcast with no lights directed toward the river or located down the slope; Staff Finding: The applicant has stated that "no exterior lighting will be directed down slope or toward the river." This should be a condition of approval. 13. There has been accurate identification of wetland and riparian areas. Staff Finding: Wetland and riparian areas have not been delineated on the submitted site plan. As a condition of approval, the Commission should require the applicant to accurately identify wetland and riparian areas pursuant to Section 26.68.040(B)(13). 8 STAFF COMMENTS: ADU Section 26.60.040, Standards Applicable to all Conditional Uses (A) The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the zone district in which it is proposed to be located. Staff Findina: The proposed development is consistent with the purposes, goals, objectives, and standards of the AACP, and with the intent of the R-6 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. Staff Findina: The subject parcel is surrounded by multi- and single-family residential uses, and an ADU use is both consistent and compatible with the existing residential development in the immediate vicinity. (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. Staff Finding: The submitted drawings lack sufficient information to determine the size and design of the proposed structures. Consequently, it is difficult to truly assess these applicable impacts. As a condition of approval, Commission should require the applicant meet this standard. (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. Staff Findina: There are adequate public facilities and services to serve the proposed uses. See Engineering referral comments, attached as Exhibit B. (E) The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. 01 Staff Finding: The applicant is not generating additional employees. Furthermore the applicant is providing a deed restricted housing unit in accordance with the Housing Authority's guidelines for resident occupied units. (F) The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this title. Staff Finding: The proposed conditional uses will comply with all additional standards imposed on it be the AACP. It is unknown whether or not the proposed development is in accordance with the Residential Design Standards. Planning and Zoning Commission should condition this approval on the applicant meeting the requirements in Section 26.58.040, Residential Design Standards. It should be noted that the Parks Department is continuing to encourage the applicant to consider granting or selling an easement across these lots for trail purposes (see attached referral comments from the Parks Department, Exhibit B). Section 26.40.090, Accessory Dwelling Units A. General Provisions 1) Accessory Dwelling units shall contain not less than three -hundred (300) square feet and no more than seven -hundred (700) square feet of net livable 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 principle residence shall have the right to place a qualified employee or employees of his or her choosing in the accessory s� dwelling unit. One (1) parking space shall be provided on -site for each studio unit, and for each bedroom within a one or two -bedroom accessory dwelling unit. Staff Findina: The applicant has not provided enough information for City Staff to determine the square footage of the Accessory Dwelling Unit, its density, or the location of the parking associated with the accessory dwelling unit. Planning and Zoning Commission should, as a condition of approval, require this ADU meet these standards, Section 26.40.090(A)(1) of the Code. (see Housing and Engineering referral comments, Exhibit B) 2) An attached accessory dwelling unit shall be subject to all other dimensional requirements of the underlying zone district. Staff Findina: The dimensional requirements in the R-6 zone district are: 1 Minimum lot size = 6000 square feet. H 2 Minimum lot area per detached residential unit = 6000 square feet 3 Minimum lot width = 60 feet 4 Minimum front and rear yard = 10 feet minimum each & no more than 30 feet total. For accessory buildings, front yard = 15 minimum and rear yard = 5 feet minimum. 5 Each Side Yard = 15 feet with both being no more than 35 feet total. 6 Maximum site coverage = 25% 7 Maximum height for principle building = 25 feet Maximum height for accessory building = 21 feet on front 2/3 of lot, 12 feet on rear 1/3 of lot. 8 Minimum distance between detached buildings on lot = 5 feet. 9 No requirement for open space in this zone district. 10 Maximum allowable floor area = For lots 9,000-15,000 square feet this zone district allows for 3,660 square feet of floor area plus 6 square feet of floor area for each additional 100 square feet of lot area up to a maximum of 4,020 square feet. This formula gives an allowable flor area of 3,935 square feet. This calculation is an estimate only and based on the total size of the lot. It does not take into account slope reductions, areas within the floodplain, or any potential FAR bonuses. The applicant is in compliance with 1, 2, 3, 4, 5, 8, & 9. From the information presented, it is unclear whether the applicant is in compliance with 6, 7, &10. 3) A detached accessory dwelling unit shall only be permitted on parcels that have secondary and/or alley access, exempting parcels with existing structures to be converted to detached accessory dwelling units, detached garages or carports where an accessory dwelling unit is proposed above, attached to, or contained within such detached garage or carport. Detached accessory dwelling units are prohibited within the R-15B zone district. Staff Findina: Applicant does not have an alley access. Applicant does, however, have a secondary access separate from the public right of way. Applicant is in compliance. 4) An attached accessory dwelling unit shall utilize alley access to the extent practical. Staff Finding: Not applicable. A. Development Review Standards. 1) The proposed development is compatible and subordinate in character with the primary residence located on the property and with the development located within the neighborhood, and assuming year -around occupancy, shall not create a density pattern inconsistent with the established neighborhood. Staff Finding: Applicant is in compliance. 2) Where the proposed development varies from the dimensional requirements of the underlying zone district, the Planning and Zoning Commission shall find that such variation is more compatible in character with the primary residence than the development in accord with dimensional requirements. The following dimensional requirements may be varied: 7—a. Minimum front and rear yard setbacks b. Minimum distance between buildings on the lot. C. Maximum allowed floor area may be exceeded up to the bonus allowed for accessory dwelling units. �d. The side yard setback shall be a minimum of three feet. e. The maximum height limits for detached accessory dwelling units in the R-6 zone district may be varied at the rear one-third (1/3) of the parcel, however, the maximum height of the structure shall not exceed eighteen (18) feet. On Landmark Designated parcels and within the Historic Overlay District the HPC shall have the ability to make height variations. f. Maximum allowable site coverage may be varied up to a maximum of five (5) percent, on Landmark Designated Parcels and within an Historic Overlay District the HPC shall have the ability to make such site coverage variations. g. In the case where the proposed detached accessory dwelling unit is located on a Landmark Designated Parcel or within an Historic Overlay District only HPC may make dimensional variations pursuant to the standards of Section 26.40.070(B) Staff Findina: The current site plan shows the applicant to be in compliance with the dimensional requirements listed 1, 2, 3, 4, 5, 8, & 9 under A. General Provisions above. From the information presented, it is unclear whether the applicant is in compliance with 6, 7, &10 of this section. The applicants representative may ask for certain dimensional variances if thes_7 Commission finds the top -of -slope to be different from what the applicant is proposing. These variances would allow the applicant to maintain the same design proposed and merely `push' the total development back further from the river or `push' the two structures closer together. It is staffs position that the recommended top -of -slope does not create a hardship making such variances necessary, but staff is not opposed to the Commission granting dimensional variances for this development, as long as they meet standards a-e above. As a condition of approval, commission should require the applicant meet dimensional requirements approved. 3) The Planning and Zoning Commission and the Historic Preservation Committee may exempt existing nonconforming structures, being converted to a detached 12 • • accessory dwelling unit, from 26.40.070(B)(2)(a-g) provided that the nonconformity is not increased. Staff Findina: Not applicable. 4) Conditional use review shall be granted pursuant to Section 26.60.040 Standards applicable to all conditional uses. Staff Finding: See staff findings for conditional use review. C. Bandit Units. Any bandit dwelling unit which can be demonstrated to have been in existence on or prior to November 1, 1988, and which complies with the requirements of this section may be legalized as an accessory dwelling unit, if it shall meet the health and safety requirements of the Uniform Building Code, as determined by the Chief Building Official. Staff Finding: Not applicable. D. GMQS/ Replacement Housing Credits. Accessory dwelling units shall not be used to obtain points in the affordable housing category of the Growth Management Quota System (GMQS). Only those units meeting the housing size, type, income and occupancy guidelines of approval of the housing designee and the standards of Section 26.100.090 may be used to obtain points in the affordable housing category. Accessory dwelling units also may not be used to meet the requirements of Title 20 of the Municipal Code of the City of Aspen, Colorado, "Residential Multi -Family Housing Replacement Program." Staff Findina: Not applicable E. FAR for Accessory Dwelling Units. For the purposes of calculating floor area ratio and allowable floor area for a lot whose principle use is residential, the following shall apply: the allowable floor area for an above -grade attached accessory dwelling unit shall be excluded to a maximum of three - hundred -fifty (350) square feet of allowable floor area or fifty (50) percent of the size of the accessory dwelling unit, whichever is less. This floor area exclusion provision only applies to accessory dwelling units which are subject to review and approval by the Planning and Zoning Commission pursuant to conditional use review and approval, Section 26.60.030 of this code, and the units must be deed restricted, registered with the housing office, and available for rental to an eligible working resident of Pitkin County. The owner retains the right to select the renter for the unit. Staff Findina: Not applicable 13 STAFF RECOMMENDATION: Provided the applicant can adequately address the following conditions, Staff recommends Stream Margin (ESA) Review approval for the Frenzel Property, 329 Park Avenue, with conditions listed 1-11 & 19, and Conditional Use approval with conditions listed 12-19: 1. The final plat shall be amended to clearly show the revised building envelopes for the Lot with top -of -slope being elevation 7,935. The accessory dwelling unit shall be labeled and the deed restriction noted. Parking for the ADU will be delineated. A fifteen foot no development setback from the top -of -slope shall also be delineated parallel to this contour on the revised and recorded plat. 2. Before issuance of any permits, a current Site Improvement Survey certified by a registered land surveyor, licensed in Colorado showing the location of the non -dedicated storm sewer, any utility easements, all existing vegetation, slope percentages, wetland and riparian vegetation areas, the Special Flood Hazard Area shall be submitted in accordance with Section 26.52.030(B)(5). 3. The applicant will continue to negotiate in good faith with the City of Aspen to grant a public access easement through the property along the Roaring Fork River for the purpose of establishing a recreational trail. Both the City of Aspen and the applicant are aware that the City is strongly encouraging this dedicated easement but cannot require it as a condition of approval. 4. The applicant shall submit site sections of the final architectural plans for the single-family residence and Accessory Dwelling Unit pursuant to Section 26.68.040(B)(13). The site sections shall be signed and stamped by a registered architect or engineer. The City Zoning Officer shall measure and determine height pursuant to Section 26.68.040(B)(10), Figure A, with the top -of -slope for the lot being elevation 7935, before issuance of any permits. 5. Pursuant to Section 26.68.040(B)(5), the applicant shall provide a plan addressing pollution or interference with the natural changes of the river, stream or other tributary, including erosion and/or sedimentation during construction before issuance of any permits. The applicant shall provide a plan to accommodate on - site drainage within the parcel to prevent entry into the river or onto its banks before issuance of any permits. The applicant shall provide a plan addressing any pool/hot tub drainage before issuance of a building permit. 6. The applicant shall acquire approval from the appropriate utility companies for any proposed construction activity within utility easements prior to the issuance of any permits. 14 7. A landscape plan pursuant to Section 26.68.040(B)(11) of the Code showing only approved native vegetation planting taking place below the top of slope or within fifteen (15) feet of the top -of -slope or the high waterline, whichever is most restrictive shall be submitted before issuance of any permits. The building envelope boundary shall be approved prior to issuance of any building permits. No vegetation shall be manipulated outside the revised building envelope. Owner shall revegetate with only native plantings any soil disturbed on the site. A tree removal permit shall be required for the removal or relocation of trees as per Section 13.20.020 of the Code. 8. Any development below the top -of -slope deemed essential shall only be approved by special review pursuant to Section 26.64.040(D) of the Code. 9. All exterior lighting shall be low and downcast with no light(s) directed toward the river or located within the no development setback or down the slope pursuant to Section 26.68.040(B)(12) 10. The applicant is strongly encouraged to submit a design for a storm sewer line and sewer outfall that accommodates historical drainage, and dedicate and record a storm sewer easement that allows the City to maintain and operate this storm sewer line, for review and approval by the Engineering Department. If owner does not dedicate this easement, owner shall include a note on the final plat indicating that the owner of the property is responsible for maintaining the historical drainage through the parcel. 11. Prior to issuance of a Building Permit, owner shall complete and record a Sidewalk, Curb, and Gutter Agreement. 12. Prior to the issuance of any building permits the owner shall: a. Verify with the Housing Office that the allowable floor area of the Accessory Dwelling Unit contains between 300 and 700 square feet; b. Verify with the Housing Office that the ADU will contain a kitchen having a minimum of a two -burner stove with oven, standard sink, and a 6-cubic foot refrigerator plus freezer; C. Provide the Housing Office with a signed and recorded Deed Restriction, a copy of which must be obtained from the Housing Office; d. Clearly identify the Accessory Dwelling Unit (ADU) on building permit plans with the minimum one (1) off-street parking space provided. 13. Prior to issuance of a Certificate of Occupancy, the Housing Office and/or the Zoning Officer shall inspect the accessory dwelling unit for compliance 15 with all appropriate standards in Section 26.40.090 of the Code and any conditions of approval. 14. The driveway curb cut shall be no more than 10 feet in width if accommodating a single drive, no more than 18 feet in width if accommodating a double driveway. The common access and utility easement and the five (5) foot wide "pedestrian area" along the Park Avenue right-of-way shall both remain unobstructed from improvements. 15. Prior to issuance of a building permit, applicant shall submit development plans in accordance with the dimensional requirements of the R-6,�V`�`"" zone district, and in accordance to Section 26.60.040(C) of the Code, unless otherwise approved by the Commission. 16. Prior to a Certificate of Occupancy, the owner shall relocate the existing aerial utility lines underground. Any pedestal or other ground equipment shall be installed on an easement provided by the property owner and not located within a public or private right-of-way. 17. The owner is encouraged to relocate the property's mailbox to the north side of the access easement, next to the other mailboxes, to better accommodate traffic movements on Park Avenue. 18. Prior to issuance of a building permit, applicant shall comply with all standards of Section 26.58 Residential Design Standards. 19. 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 otherwise amended by other conditions. RECOMMENDED MOTION: "I move to approve the Stream Margin (ESA) Review and Conditional Use for an ADU for the detached single-family residence proposed on the Frenzel property, 329 Park Avenue (City of Aspen Parcel No. 2737-181-58- 001), with the conditions outlined in the Community Development Department Memo dated February 26, 1997." EXHIBITS: "A" - Stream Margin Review & Conditional Use Application "B" - Referral Comments from Engineering, Parks , and Housing IN 4� Lr t•'6yl�t[l K • y ZZ .� 4b evJU40 Ab 7W4V -�13�'-�fi-°�.�w de4w-'WA FIT DENVER•ASPEN BOULDER • COLORADO SPRINGS DENVER TECH CENTER BILLINGS • BOISE CHEYENNE•JACKSON HOLE SALT LAKE CITY HAND DELIVERED David Hoffer, Esq. City Attorneys Office City of Aspen 130 S. Galena Street Aspen, CO 81611 Dear David:: 0 0 HOLLAND & HART LLP ATTORNEYS AT LAW 600 EAST MAIN STREET ASPEN, COLORADO 81611-1953 February 26, 1997 Re: Frenzel Stream Margin Review TELEPHONE (970) 925.3476 FACSIMILE (970) 925-9367 CHARLEs T. BRANDT cbrandt@hollandhart.com Chris Bendon recommends to the Planning & Zoning Commission that the non -dedicated storm sewer traversing the Frenzel property be dedicated to the City of Aspen - see paragraph 10 under Staff Recommendations of his Memorandum dated February 12, 1997. This is not an appropriate recommendation as it amounts to an exaction which is not the result of the actions of the applicant, attributable to the development of the Frenzel property or required under the Stream Margin Review provisions of the Municipal Code. There is a history to this storm drain and it was the subject of a similar request by Ross Soderstrom at the time of the City's approval of the Bibbig lot line adjustment procedure a few months ago. Joe Edwards representing Dieter Bibbig was in contact with John Worcester at the time and the requirement of dedication was dropped. I enclose Joe Edwards' correspondence with John, together with the attachments to his letter for your information. Please advise Chris Bendon to delete the dedication recommendation and requirement. Thank you. Very truly yours, Charles T. Brandt for Holland & Hart LLP CTB:pal Enclosure cc: Otto N. Frenzel, III (Via Fax) Pill Campbell (Via Fax) %Christopher Bendon (Hand Delivered) 6. The applicant shall acquire approval from the appropriate utility companies for any proposed construction activity within utility easements prior to the issuance of any permits. 7. A landscape plan pursuant to Section 26.68.040(B)(11) of the Code showing only approved native vegetation planting taking place below the top of slope or within fifteen (15) feet of the top -of -slope or the high waterline, whichever is most restrictive shall be submitted before issuance of any permits. The building envelope boundary shall be approved prior to issuance of any building permits. No vegetation shall be manipulated outside the revised building envelope. Owner shall revegetate with only native plantings any soil disturbed on the site. A tree removal permit shall be required for the removal or relocation of trees as per Section 13.20.020 of the Code. 8. Any development below the top -of -slope deemed essential shall only be approved by special review persuant to Section 26.64.040(D) of the Code. 9. All exterior lighting shall be low and downcast with no light(s) directed toward the river or located within the no development setback or down the slope pursuant to Section 26.68.040(B)(12) 10. Prior to the issuance of a Building Permit, the applicant shall submit a design for a storm sewer line and sewer outfall for review and approval by the Engineering Department that accommodates historical drainage. Owner shall pay for installation of such storm sewer line and shall dedicate and record a storm sewer easement that allows the City to maintain and operate this storm sewer line. 11. Prior to issuance of a Building Permit, owner shall complete and record a Sidewalk, Curb, and Gutter Agreement. 12. 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 otherwise amended by other conditions. ALTERNATIVE RECOMMENDATIONS: Planning and Zoning Commission may approve, approve with conditions, or disapprove the Stream Margin (ESA) Review for the detached single-family residence proposed on the Frenzel property, 329 Park Avenue. RECOMMENDED MOTION: "I move to approve the Stream Margin (ESA) Review for the detached single-family residence proposed on the Frenzel property, 329 Park Avenue (City of Aspen Parcel No. 2737-181-58-001), with the conditions outlined in the Community Development Department Memo dated February 12, 1997." i7 7. A landscape plan pursuant to Section 26.68.040(B)(11) of the Code showing only approved native vegetation planting taking place below the top of slope or within fifteen (15) feet of the top -of -slope or the high waterline, whichever is most restrictive shall be submitted before issuance of any permits. The building envelope boundary shall be approved prior to issuance of any building permits. No vegetation shall be manipulated outside the revised building envelope. Owner shall revegetate with only native plantings any soil disturbed on the site. A tree removal permit shall be required for the removal or relocation of trees as per Section 13.20.020 of the Code. 8. Any development below the top -of -slope deemed essential shall only be approved by special review pursuant to Section 26.64.040(D) of the Code. 9. All exterior lighting shall be low and downcast with no light(s) directed toward the river or located within the no development setback or down the slope pursuant to Section 26.68.040(B)(12) 10. The applicant is strongly encouraged to submit a design for a storm sewer line and sewer outfall that accommodates historical drainage, and dedicate and record a storm sewer easement that allows the City to maintain and operate this storm sewer line, for review and approval by the Engineering Department. If owner does not dedicate this easement, owner shall include a note on the final plat W indicating that the owner of the property is responsible for maintaining the historical t drainage through the parcel. 11. Prior to issuance of a Building Permit, owner shall complete and record a Sidewalk, Curb, and Gutter Agreement. 12. Prior to the issuance of any building permits the owner shall: a. Verify with the Housing Office that the allowable floor area of the Accessory Dwelling Unit contains between 300 and 700 square feet; b. Verify with the Housing Office that the ADU will contain a kitchen having a minimum of a two -burner stove with oven, standard sink, and a 6-cubic foot refrigerator plus freezer; C. Provide the Housing Office with a signed and recorded Deed Restriction, a copy of which must be obtained from the Housing Office; d. Clearly identify the Accessory Dwelling Unit (ADU) on building permit plans with the minimum one (1) off-street parking space provided. 13. Prior to issuance of a Certificate of Occupancy, the Housing Office and/or the Zoning Officer shall inspect the accessory dwelling unit for compliance 15 David Hoefer, 02:32 PM 27/2M7 , Frenzel storm Sewer X-Sender: davidho@commons.aspen.co.us Date: Thu, 27 Feb 1997 14:32:01 -0700 To: chrisb@aspen.co.us From: David Hoefer <davidho@aspen.co.us> Subject: Frenzel storm Sewer I understand that you spoke with John Worcester. I concur with John that the modified language would work well. If I can be of any help, please let me know. Printed for Christopher Bendon <chrisb@aspen.co.us> 1 0 0 't*J A�z- P&Z: FRENZEL STREAM MARGIN REVIEW: BACKGROUND: NOT A SPEC HOUSE - THE FRENZELS OWN A CONDOMINIUM UNIT NEXT DOOR TO THIS PROPERTY. ARCHITECT BILL CAMPBELL MET WITH PLANNER BOB NEVINS ON SITE AND THE 79930' ELEVATION LINE WAS DETERMINED TO BE THE "TOP OF SLOPE". BILL PROCEEDED WITH HIS DESIGN, FOOTPRINT AND THE STREAM MARGIN APPLICATION. ONLY WHEN THE STAFF MEMO WAS PREPARED RECOMMENDING 79935 AS THE TOP OF SLOPE DID WE REALIZE THERE IS AN ISSUE FOR P&Z TO RESOLVE. I. Major Issue is Top of Slope Determination A. Four elevations are suggested: 1. Applicant -- basically the 7,930 elevation line 2. Engineering Department -- 7,9:3' 3. Parks Department -- 7,936 4. Staff recommends -- 7,935 & The 5 feet difference between Staff s recommendation and the applicant, has the following effect. 1. It moves the building envelope to approximately 7,938 elevation line from the 7,936 elevation line. 2 It moves the building footprint from 7,938 elevation line to the 7,940/7,942 lines. 3. More importantly for the applicant's standpoint, it moves the house (building footprint) bank on this Lot 15 feet. • 4. We think this is an arbitrary result because the application meets all of the criteria of Stream Margin Review, yet when the Top of Slope formula is attempted to be applied, it results in unfairness as to where the house is to be located on the lot. C. Illustration: 1� The most recent and perhaps only precedent is the Win - River application — Lots 1 and 2, Kastelic Subdivision. a. Bill Campbell is the architect on this project as well. The Top of Slope for these two lots was agreed to on site, not by the application of the TOS formula. 2. Here are the differences between Lot 2 and the Frenzel Lot based upon Top of Slope at 7,935 for Frenzel and 7,954 for Win -River. a. Distance from High Water Mark to Top of Slope Win -River - 38' Frenzel - 53' (15' higher) b. Distance from 100 year flood plain to Top of Slope Win -River - 24' Frenzel - 45' (21' higher) C. Distance from 500 year flood plain to Top of Slope Win -River - 14-16'/6' in elevation Frenzel - 38'/18' in elevation d. Elevation change from Top of Slope elevation line to the rear property line Win -River - Approximately 30 feet Frenzel - Approximately 7 feet PA E '7 3. Conclusion — The Frenzel building envelope is dramatically pushed back by the application of the TOS formula. This is contrary to the precedent set by Kastelic. 4, Top of Slope Formula: "Top of Slope means a point or a line connecting at least three (3) points determined by the point of intersection of fifty -foot lines, one line being the level of the existing grade above the slope and the other line being the angle of the existing slope, both lines measured on a site section drawing." Where's the starting point? a. River's edge / where's the river? / 100 year flood plain / high water line. b. Must use an average for the slope over the 50'. C. Presumption of the definition is that the stream -side property will have 50' of reasonably even slope. I_. Trails: .4. Review Bikeway Plan and Roaring Fork River Trail from Cooper Avenue to Herron Park from the Park's Department. B� Assuming the applicants top of slope elevation of 7,930 is accepted by P&Z, Applicant will grant an easement to the City of Aspen implementing the bikeway and pedestrian plans on condition that the similar connecting easements are obtained. 3 III. Roaring Fork Greenway Plan: A. Elevation 7,930 accommodates the following goal of the plan: Protect the River "from further development in order to preserve the attractive features of the River." 1. Riparian habitat and vegetation are preserved. 2. No landscaping of the bank is proposed. B. See Elevation Depiction of the Frenzel Lot. C. Note the upstream property location. IV. Storm Drain: A� Will dedicate to City if get a reasonable. determination as we have requested V� Architectural Consideration: A. Bill Campbell's comments. VI. Review Stream Margin Criteria — Section 26.68.040. VII. SUMMARY: A� All criteria Stream Margin Review have been met or is a condition of approval. & In order to accommodate the recommendation of the City Parks Department with respect to granting an easement for bike and pedestrian purposes, P&Z must acknowledge that the definition of "Top of Slope" is ambiguous and accept the applicant's requested Top of Slope at 7,930. 4 • • Co Recognizing 7930 is more consistent with the Win -River approval, doesn't penalize the applicant and maintains the Roaring Fork Greenway unlike the properties up -stream. HH:19374 vl 5 w VERcn UJ W Z '• > j I ARC TANGENT CHORD CHORD BEARING BOULDER �I 80.47' 40.26' 80.44' N 73040'00"E WALL 9144 0 cli v �j 50. 37' 2 •r 20151 N 2.50'24-W iO 10. 07 - �O 5 7of 6\0 62.9 g' CE � \ 20• W.C. 9184 ti / a- S E t WEAK 7-•a' p ASPEN / b. a '�_��� • � RET. 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TO: Aspen Planning and Zoning Commission THRU: Stan Clauson, Community Development I Julie Ann Woods, Deputy Director FROM: Christopher Bendon, Planner RE: Frenzel Conditional Use for an ccessory Dwelling Unit ADU) and Dimensional Variances - Publi eanng. ark A enue, near intersection of Park Avenue and Regents Streets. City of Aspen Parcel # 2737-181-58-001 DATE: March 27, 1997 SUMMARY: The applicant is requesting Conditional Use approval to construct an Accessory Dwelling Units (ADU) above a detached garage associated with a new single family residence. By providing this ADU, the applicant would obtain a GMQS Exemption for the single family residence pursuant to City Land Use Regulations. The applicant is also asking the Commission to vary dimensional requirements for the front yard, from 15' to 2'6", the side yard, from 15' to 12', and the maximum allowable floor area by 225 square feet. Community Development staff recommends approval of the Conditional Use for the Accessory Dwelling Unit (ADU), with conditions, for the Frenzel property. APPLICANT: Otto Frenzel, represented by William Campbell and Charles Brandt. LOCATION: 329 Park Avenue City of Aspen Parcel # 2737-181-58-001. ZONING: Medium Density Residential (R-6) PUD. ADUs are a conditional use. LOT SIZE: .312 Acres = 13,591 square feet. LOT AREA (FOR PUPOSES OF FAR CALCULATIONS): 10,193 square feet FAR: Allowable: 3,732 square feet Proposed: Asqaurefeet 0 250 s.f. of Garage, carport, & storage area not contributing to FAR. 125 250 s.f. of Garage, carport, & storage area contributing 1/2 to FAR. 225 450 detached ADU contributing 1/2 to FAR (Bonus) .� - ------3625 Main house, with a 225 square foot variance of the maximum allowable square footage. (discretion of P&Z) VI 39,P Total for site. CURRENT LAND USE: Vacant PROPOSED LAND USE: One detached single-family residence with a corresponding accessory dwelling unit. Detached residential dwellings are permitted uses on lots of 6,000 square feet or greater in the R-6 zone district. An ADU is a conditional use in this zone district. PREVIOUS ACTION: The Commission reviewed the application for conditional use for an ADU on March 4, 1997, along with the Stream Margin Review. The Commission decided that there was not enough information submitted by the applicant to adequately review the ADU and continued the review to March 18, and requested the applicant provide more information. On March 18, 1997, the applicant continued the public hearing to April 1. The additional information has since been provided to Staff, and is included in Staff Comments, as well as Exhibit "A". Public notice has again been given to reflect the variance requests. REVIEW PROCEDURE: Accessory Dwelling Units (ADU's) must comply with Section 26.40.090 and require conditional use approval pursuant to Section 26.60.040 by the Planning and Zoning Commission at a public hearing. It is a one-step review that requires notification to be published, posted and mailed in accordance with Section 26.52.060(E). Dimensional variances may be granted by the Commission for proposals involving an ADU with proper public notice of the variances requested. This development is also subject to the Residential Design Standards, Section 26.58.040. Appropriate review of the application for compliance with the Residential Design Standards will be necessary before issuance of a building permit. BACKGROUND: Dieter Bibbig created this lot through subdivision August 9, 1973. There were no conditions associated with this approval. Frenzel purchased lot #1 from Dieter Bibbig on April 10, 1996. A lot line adjustment for parcels 1 &2 was approved by Staff January 10, 1997. The lot is currently vacant. Access to the property is through a (re -aligned) common access and utility easement which lies between the two parcels. The property adjoins 1he'R64hg Fork River and development on the parcel is subject to Stream Margin Review. Th4'Conumission approved the Stream Margin Review for this development on March 4, 190. The applicant is asking for a conditional use approval for an ADU located above a detached garage which will allow for a GMQS Exemption for the single-family residence proposed. The public hearing for this conditional use review was opened February.: 4,. , . 1997, continued to March 4, continued to March 18, and then continued to April 1, 1997. 2 The applicant is also asking the Commission to vary dimensional requirements of the zone district for this development. A dimensional analysis is included in Staff Comments. CURRENT ISSUES: City Council recently changed the sections of the Code relating to ADUs requiring them to be occupied. The applicant had submitted this application prior to these changes and Staff has reviewed the application based on these prior criteria. Commission had, at the previous meeting, a question about the proximity of the proposed structure to the neighboring building, and whether it represented a potential violation of the building code. According to the Building Department, any habitable space within 3' of a property boundary must be 1 hour fire rated and have no fenestration. Because the proposed structure within this 3' boundary is a deck, and the habitable section of this structure is outside of this boundary, it does not pose a building code violation. STAFF COMMENTS: Section 26.60.040, Standards Applicable to all Conditional Uses (A) The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the zone district in which it is proposed to be located. Staff Finding: The AACP promotes accessory dwelling units and infill development of affordable housing interspersed with free market housing. The proposed development is consistent with the purposes, goals, objectives, and standards of the AACP, and with the intent of the R-6 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. Staff Finding: The subject parcel is surrounded by multi- and single-family residential uses, and an ADU use is both consistent and compatible with the existing residential development in the immediate vicinity. (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. Staff Finding The design of the proposed conditional use minimizes adverse effects. (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. Staff Finding: There are adequate public facilities and services to serve the proposed uses. See Engineering referral comments, attached as Exhibit B. (E) The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. Staff Finding: The applicant is not generating additional employees. Furthermore, the applicant is providing a deed restricted housing unit in accordance with the Housing Authority's guidelines for Resident Occupied units. (F) The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this title. Staff Finding. The proposed conditional use complies with all additional standards imposed on it by the AACP. It is unknown whether or not the proposed development is in accordance with the Residential Design Standards. Planning and Zoning Commission should condition this approval on the applicant meeting the requirements in Section 26.58.040, Residential Design Standards. Section 26.40.090, Accessory Dwelling Units A. General Provisions 1) Accessory Dwelling units shall contain not less than three -hundred (300) square feet and no more than seven -hundred (700) square feet of net livable 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 principle residence shall have the right to place a qualified employee or employees of his or her choosing in the accessory dwelling unit. One (1) parking space shall be provided on -site for each studio unit, and for each bedroom within a one or two -bedroom accessory dwelling unit. Staff Finding_;. The proposed ADU is 450 square feet and in compliance with net livable area requirements. One parking space in relation to the ADU has been represented in the submitted drawings. The Commission should condition approval upon the deed restriction of the ADU in accordance with this Section of the Code. 2) An attached accessory dwelling unit shall be subject to all other dimensional requirements of the underlying zone district. 4 • Staff Finding; The proposed ADU is detached. 3) A detached accessory dwelling unit shall only be permitted on parcels that have secondary and/or alley access, excepting parcels with existing structures to be converted to detached accessory dwelling units, detached garages or carports where an accessory dwelling unit is proposed above, attached to, or contained within such detached garage or carport. Detached accessory dwelling units are prohibited within the R-15B zone district. Staff Finding: Applicant does not have an alley access. Applicant does, however, have a secondary access separate from the public right of way. The proposal meets this criteria. 4) An attached accessory dwelling unit shall utilize alley access to the extent practical. Staff Finding; See Staff Finding A.3, above B. Development Review Standards. The review standards for a detached accessory dwelling unit are as follows: 1) The proposed development is compatible and subordinate in character with the primary residence located on the property and with the development located within the neighborhood, and assuming year -around occupancy, shall not create a density pattern inconsistent with the established neighborhood. Staff Finding;. The proposed ADU is significantly smaller than the primary residence. The neighborhood has both single and multi -family units. This ADU is compatible with the surrounding neighborhood. 2) Where the proposed development varies from the dimensional requirements of the underlying zone district, the Planning and Zoning Commission shall find that such variation is more compatible in character with the primary residence than the development in accord with dimensional requirements. The following dimensional requirements may be varied: a. Minimum front and rear yard setbacks b. Minimum distance between buildings on the lot. c. Maximum allowed floor area may be exceeded up to the bonus allowed for accessory dwelling units. d. The side yard setback shall be a minimum of three feet. e. The maximum height limits for detached accessory dwelling units in the R-6 zone district may be varied at the rear one-third (1/3) of the parcel, however, the maximum height of the structure shall not exceed eighteen (18) feet. On Landmarked Designated parcels and within the Historic Overlay District the HPC shall have the ability to make height variations. 5 f. Maximum allowable site coverage may be varied up to a maximum of five (5) percent, on Landmark Designated Parcels and within an Historic Overlay District the HPC shall have the ability to make such .site coverage variations. g. In the case where the proposed detached accessory dwelling unit is located on a Landmark Designated Parcel or within an Historic Overlay District only HPC may make dimensional variations pursuant to the standards of Section 26.40.070(B) Staff Finding; The ADU is not in compliance with the underlying zone district. The dimensional requirements in the R-6 zone district are: 1 Minimum lot size = 6000 square feet. 2 Minimum lot area per detached residential unit = 6000 square feet 3 Minimum lot width = 60 feet 4 Minimum front and rear yard = 10 feet minimum each & no less than 30 feet total for the principal building. For accessory buildings, front yard = 15 minimum and rear yard = 5 feet minimum. 5 Each Side Yard = 15 feet minimum, combined being no less than 35 feet total. 6 Maximum site coverage = 25% 7 Maximum height for principle building = 25 feet Maximum height for accessory building = 21 feet on front 2/3 of lot, 12 feet on rear 1/3 of lot. 8 Minimum distance between detached buildings on lot = 5 feet. (10 feet is required for `detached' ADUs) 9 No requirement for open space in this zone district. 10 Maximum allowable floor area = 3,732 square feet The applicant is in compliance with all standards, except 4, 5, & 10. The applicant is requesting that the Commission vary the front yard setback for the accessory building from 15' to 2'6", the side yard setback from 15' to 12', and increase the maximum allowable floor area of the parcel by 225 square feet. The applicant is justifying these variations due to the limited building area imposed by the Stream Margin review. It is within the Commission's latitude to vary these standards. The Commission should, as a condition of approval, require the applicant to conform to all dimensional requirements of the underlying zone district, unless otherwise varied during the public hearing. It is Staff s opinion that these variations would be more compatible in character with the primary residence. These variations would create an outside courtyard between the two structures complimentary to both the primary residence and the ADU. This is not to say, however, that a similar outside courtyard could not be accomplished without the dimensional variances. Staff feels that the larger issue with these dimensional variances is not how they affect the subject parcel, but how they affect the surrounding parcels. With respect to the front yard variation from 15' to 2'6", Staff feels that the general perception of this boundary would be as a side yard, and, therefore, quite significant to the southern neighbor. Because it is legally a front yard, and not a side yard, the 6 Commission may vary the setback beyond the 3 foot minimum for side yards. The southern neighbor's building is approximately 6 feet from the property boundary. With the proposed 2'6" variance, the ADU would be approximately 8'6" from the neighbors house. Staff does not object to the Commission granting this variation. Staff does not object to the Commission varying the side yard setback from 15' to 12'. With respect to the additional floor area for the ADU, the applicant is already receiving a "bonus" by counting half of the ADU's area towards floor area. This is done by the Zoning Officer who calculates the project's floor area using the definitions in the Code. If the ADU is indeed detached, or restricted to continual occupancy, half of the area of the ADU contributes to floor area. This is the "bonus" in the ADU program. Allowing the applicant to increase the allowable floor area for the property by this bonus amount would then be a second bonus. Staff is recommending that the Commission not grant this variance because the intent of the ADU program was to reward acceptable ADUs with only one bonus, not to grant double bonuses. 3) The Planning and Zoning Commission and the Historic Preservation Committee may exempt existing non -conforming structures, being converted to a detached accessory dwelling unit, from 26.40.070(B)(2)(a-g) provided that the nonconformity is not increased. Staff Finding: Not applicable 4) Conditional use review shall be granted pursuant to Section 26.60.040 Standards applicable to all conditional uses. Staff Finding: See Conditional use criteria and Staff responses. C. Bandit Units. Any bandit dwelling unit which can be demonstrated to have been in existence on or prior to November 1, 1988, and which complies with the requirements of this section may be legalized as an accessory dwelling unit, if it shall meet the health and safety requirements of the Uniform Building Code, as determined by the Chief Building Official. Staff Finding: Not applicable. D. GMQS/ Replacement Housing Credits. Accessory dwelling units shall not be used to obtain points in the affordable housing category of the Growth Management Quota System (GMQS). Only those units meeting the housing size, type, income and occupancy guidelines of approval of the housing designee and the standards of 7 Section 26.100.090 may be used to obtain points in the affordable housing category. Accessory dwelling units also may not be used to meet the requirements of Title 20 of the Municipal Code of the City of Aspen, Colorado, "Residential Multi -Family Housing Replacement Program." Staff Findina: Not applicable E. FAR for Accessory Dwelling Units. For the purposes of calculating floor area ratio and allowable floor area for a lot whose principle use is residential, the following shall apply: the allowable floor area for an above -grade attached accessory dwelling unit shall be excluded to a maximum of three -hundred -fifty (350) square feet of allowable floor area or fifty (50) percent of the size of the accessory dwelling unit, whichever is less. This floor area exclusion provision only applies to accessory dwelling units which are subject to review and approval by the Planning and Zoning Commission pursuant to conditional use review and approval, Section 26.60.030 of this code, and the units must be deed restricted, registered with the housing office, and available for rental to an eligible working resident of Pitkin County. The owner retains the right to select the renter for the unit. Staff Finding: The proposed unit is not attached and does not have to be continuously rented according to the Code provisions when this application was submitted. Excluding 50% of the size of the detached unit from FAR calculations constitutes the `bonus' for the ADU. RECOMMENDATION: Staff is recommending approval of the conditional use for an ADU with the following conditions: - j A o 1. Prior to issuance a building permit, the applicant shall submit appropriate 3�3Z development pl in accordance with all dimensional requirements of the R-6 zone district and variances approved by the Commission. � The final plat shall be amended to clearly show the building envelope for the Lot. The accessory dwelling unit shall be labeled and the deed restriction noted on the final plat. Parking for the ADU will be delineated on the final plat. All dimensional variations for the property shall be clearly delineated and noted on the final plat. 2. The applicant shall acquire approval from the appropriate utility companies for any proposed construction activity within utility easements prior to the issuance of any permits. 3. Prior to the issuance of any building permits the owner shall: a. Verify with the Housing Office that the allowable floor area of the Accessory Dwelling Unit contains between 300 and 700 square feet; b. Verify with the Housing Office that the ADU will contain a kitchen having a minimum of a two -burner stove with oven, standard sink, and a 6-cubic foot refrigerator plus freezer; c. Provide the Housing Office with a signed and recorded Deed Restriction, a copy of which must be obtained from the Housing Office; d. Clearly identify the Accessory Dwelling Unit (ADU) on building permit plans with the minimum one (1) off-street parking space provided. 4. Prior to issuance of a Certificate of Occupancy, the Housing Office and/or the Zoning Officer shall inspect the accessory dwelling.unit for compliance with all appropriate standards in Section 26.40.090 of the.Code'and'.py conditions of approval. 5. The driveway curb cut shall be no more than 10 feet in width if accommodating a single drive, no more than 18 feet in width if accommodating � double driveway. The common access and utility easement and the five (5) foot wide "pedestrian area" along the Park Avenue right-of-way shall both remain unobstructed from improvements. 6. Prior to a Certificate of Occupancy, the owner shall relocate the existing aerial utility lines underground. Any pedestal or other underground equipment shall be 9 installed on an easement provided by the property owner and not located within a public or private right-of-way. ' -T The owner is encouraged to relocate the property's mailbox to the north side of the access easement, next to the other mailboxes, to better accommodate traffic movements on Park Avenue. 8. Prior to issuance of a building permit, applicant shall comply with all standards of Section 26.58 Residential Design Standards. 9. Before a building permit is issued, the Zoning Officer will determine if adequate measures to the design of the roof have been taken to prevent the accummulation of snow at the base of the stairway leading to the accessory dwelling unit. 10. 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 otherwise amended by other conditions. RECOMMENDED MOTION: "I move to approve the conditional use for an Accessory Dwelling Unit at the Frenzel property, 329 Park Avenue, with the conditions listed in the Staff memo dated March 27, 1997. ATTACHMENTS: Exhibit "A" - Application Exhibit `B" - Agency Referral Comments 10 ATI�iY'¢Nr 1 LAND [ZE APPLICATION FQ:14 1) Project riaayeS I 2) 3) 5) P=o-ject Location ��2\L �vL � �y ksS lC V--)f-� �* (Uxiicate street address, lot & block; miter, 1- ciPscription where appzvpriatz) . Present zmirg (-;�- Co I4) Lot size 3 �--S Applicant's Name, Address & Pbcne r 6) �tj:ve , s Name, Address & Mcm q Cam) aPP1Y) = 7) Type of Application (please check all that l2) - 44 , Conditional Use Special Review 8040 Greelline X stem Margin Mamtain View Plane Condom ir.iuznizaticn IDt Split/Lot Line Adjustment Corxegtual SPA Final SPA Cbriceptvai I-LD Final FU-D Subdivision Tip Amendment Conceptual I-r.-i.- t-cric Dev. Final His-toric Dev. Minor historic Dev. Historic Demolition Historic Designation c IQS Aiictment 8) Descriptian of a icti l Uses (n=ber and type oP ds-ti, S'tL"]C'3QL'S; aPP''- c matd sq. ft. ; rn=ber of bedrt c ; any Fr'nous approvals meted to t'� PAY) - a) 10) e Yr i attached the following? e to Attactmerit 2, Phi n i m 7m S< b l ss l m Content _ - Response Res'portse to Attadmemt 3, Specific S11baicsicn oD tent- Rc-spC�.-.e to Att3ctmerTt= 4, Review Ste, for Your Application o A W V lv II F3 II -� J i � d g CL J ct c <qq 56 6 06 Q `OuWaGx pOaS^b•4xQW r i 9w�r Gw_ rn d _'c He — — c+«imti as 4ejfd6G$:��5c�,s§aas§q� daa:: aS I pCge Si ��g�xw wm�4g¢ d o�b�x°�x es •x !! li II dCE���gE�`��8 SS� SS 1i�f''SSFi i6�6 d' S668S6 Sb. a.13 •+tT 'b `OST SLLS^SW°W xWYYS•Oaxx a^ �y iWS U�U x .dU i:axx C :_ 1 •-0°x�xx °dY " S°« •0 S� xx 4E S C C x W S s I a ° x � v •.i.G�Esr gam a°a���e98a'� • G C� • PROJECT: Frenzel Property, Stream Margin Review and Conditional Use Review for ADU LOCATION: Park Avenue Representative: Bill Campbell OWNER: Nick Frenzel SUMMARY EXPLANATION: The lot is vacant land zoned R-6 PUD. The owner plans to build a single family residence with an accessory dwelling unit. REVIEW STANDARDS: 26.68..040 A. No development will take place within the floodway. B. Development will begin approximately 50 from the 100 year flood plane. 1. No development will take place within the Special Flood Hazard Area. 2. There are no designated trails or historic public uses associated with the parcel. 3. Recommendations of the Roaring Fork Greenway Plan will be implemented to the greatest extent possible. 4. No vegetation will be removed or damaged outside of the building envelope. The designated envelope shall be barricaded prior to construction and remain in place until a Certificate of Occupancy is issued. 5. The proposed development will not pollute or interfere with the natural changes of the river. On site drainage will be accommodated by dry wells. 6. The water course will not be changed. 7. The water course will not be changed. 8. No work will take place within the 100 year flood plain. 9. No development will take place below the top of slope or within the 15 foot set back as shown on the plan. 10. The 450 height set back will be observed. 11. No landscaping outside of the building envelope is proposed. 12. No exterior lighting will be directed down slope or toward the river. 13. See attached site section. 14. Wetlands and riparian zones are below the high water mark. DEVELOPMENT of CONDITIONAL USE: A. An accessory dwelling unit is consistent with the goals, etc. of the Aspen Area Comprehensive Plan, and with the intent of the Zone District R-6. • B. The immediate vicinity of the parcel is residential thus the ADU is consistent and compatible with surrounding land uses. C. The design of the ADU minimizes the adverse effects of development by being consistent in size, design and operational characteristics with surrounding properties. D. There are adequate public facilities to serve the conditional use. E. The applicant is supplying an ADU to serve the need for increased affordable housing in the City of Aspen. F. The ADU will comply with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements. MAR 07 '97 09:50AM AS0HOUSING -,FC • P.1 MEMORANDUM TO: Chris Bendon, Community Development Department FROM: Cindy Christensen, Housing Office DATE: March 7, 1997 RE: Revised Frenzel Accessory Dwelling Unit Review Parcel ID No. 2737-181-58-001 ISSUr:: The applicant is requesting approval to construct an ADU to be located above a detached garage. BF_QQMMENDATION: Staff reviewed the revised plans for the ADU and recommends approval as long as the following conditions are met: The unit falls within minimum and maximum square footage: 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 authordy's guidelines for resident occupied units and shall be limited to rental periods of not less than six (6) monfha 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. 2. The kitchen falls within the following specifications: Mcbo0 - For Accesaory Dwelling Units and 'Caretaker Dvwelting Units, at minimum of a two-bumer stove with oven, standard sink, and a 6-cubic root refrfgemtor.plus tmezer. 3. An accessM dwelling unit deed restriction must be recorded prior to building permit approval (this form is provided by the Housing Office). If the applicant is asking for an FAR bonus, this unit must be rented to a qualified employee of Pitkin County and the recorded deed restriction will reflect this requirement. 4 Inspection of the unit by the Housing Office prior to Certificate of Occupancy. V+eferralWenadu.197 0 t:v tp�; MEMORANDUM To: Bob Nevins, City Planner + Tluu: Nick Adeh, City EngineerA,; From: Ross C. Soderstrom, Project Engineer. Date: January 28, 1997 Re: Frenzel Conditional Use Review for an ADU and Stream Margin Review [327 (ADU) & 329 (Main Residence) Park Avenue, City of Aspen: Adjusted Parcel 1. Bi, I:. Subdivision Exemption - Lot Line Adjustment, City of Aspen, CO] After reviewing the above referenced application and making a site visit, I am reporting the combined comments made by the members of the DRC: 1. R-O-W & Encroachments: Access to the property is through the common access and utili, easement (re -aligned) which lies between Adjusted Parcels I & II (Bibbig Subdivision Exemption). 1 `Ie access width is adequate although the grade of the driveway exceeds the maximum permissih!c >rade for driveways meeting public rights -of -way. Fill material should be placed at the i,,c of ih- ac:k: . driveway in order to reduce the grade of the driveway which will improve visibility for vehicles leavin2> the property and reduce the need to stop on a steep grade before entering the public right-of-way of Park Avenue. If the access driveway is paved, it will need to conform to the residential driveway su.in d;iyd- i.e. maximum width of 18 ft from the property line to the edge of pavement and a maximum of 12'i` slap, within 20 ft of the property line. There were no encroachments of the public right-of-way nor access easement observed 'Ibout the property. I. Driveways, Parking & Pedestrian Area: Based upon the sketches of the proposedi ADl the second story over the garage, the proposed driveway at 30 ft in width is too wide for the lot front�ii.); . ' Residential properties in this zone district are permitted to have one (1) driveway curb cut up to trn (I 1 P P in width for a single width driveway or up to eighteen (18) ft in width for a double width clrivew;ly. 1 OF 4 DRCNi0i97.DoC Memo - Frenzel Conditional Usc Review for an ADU and Stream Margin Review The schematic site plan does not indicate that there is any designated parking space for the ADU on the ✓ property. The ADU parking space will need to be shown on the site plan submitted for the building permit. The existing blue spruce and double pine trees along the Park Avenue frontage effectively delineate the property boundary on this side. No additional development nor large landscaping plants or features should be placed between the property line and the edge of pavement due to the relatively constricted road width of Park Avenue adjacent to this property. To reduce traffic congestion at the southerly leg of the Park Avenue and Regent Street intersection, it would also be desirable to relocate the existing mail box to the northerly side of the access easement, next to the other mailboxes, where the shoulder of the Park Avenue is wider. This would move any stationary vehicles stopped beside the mailboxes tlu-ther north and away from the crest of the rise in Park Avenue adjacent to the corner of this property. In limiting additional landscaping and relocating the mailbox further northward, a five (5) ft. «ide "pedestrian area" shall remain unobstructed along the Park Avenue right-of-way. The common access and utility easement shall remain unobstructed by improvements and landscaping as would a cit,. strec, right-of-way and improvements shall be approved by the appropriate city departments prior to inst,nation or development. The site plan submitted for the building permit shall contain all the information required of a tree reinoval permit (current tree inventory), driveway location and dimensions, site drainage plan, existing and proposed easements, landscaping plan, and as further required by Aspen Municipal Code. 3. Sidewalk, Curb & Gutter: This property is located along a pedestrian corridor identif:-d for eventual development although no immediate plans have been completed. As such, the property owner shall complete and record a Sidewalk, Curb & Gutter Agreement prior to issuance of the building pen -nit. 4. Trash & Utility Areas: The existing aerial utility service lines will need to be underarounded during the redevelopment of the lot. Since the two adjacent lots to the west and no::iiwest are also served by the aerial utility lines emanating from the utility pole located on the southeasterly property line of this parcel, some arrangement will need to be made with the adjacent property owner(s) for this work. Similarly, the sanitary sewer service line serving the existing residence to the we.,,t will need to be relocated. This sanitary sewer line is shown to presently lie under the building footprint at the southwest corner of the proposed main residence. The submitted site plan does not indicate locations for new utility services nor trash and recycling storage areas, although water and electric utility meters and service connection points need to br accessible ic. service personnel in the completed project and not obstructed by garbage or recycling containers, other structures or landscaping. If the main utility distribution lines are also relocated or undergrounded, these should be shown on the data file returned to the GIS office prior to request for the C.O. inspectiori, Any new surface utilities requiring a pedestal or other above ground equipment must be installed on an 2OF4 DRCn10597.D0C • 0 Memo.- Frenzel Conditional Use Review for an ADU and stream Margin Review easement provided by the property owner and not located in the public or private rights -of -ways. Any new easements must be dedicated and recorded by the property owner prior to issuance of the builditiC, permit. All existing and any new easements for utilities shall be shown on the final improvement plans submitted for the building permit. 5. Storm Server: This property is located at the lower end of a natural drainage basin defined by S. Park Circle to the north and Midland Park Place to the northeast and continuing up the shoulder of Smuggler Mountain between these two streets. Presently a storm sewer bisects the easterly side of this parcel and lies in the designated building envelope and under the proposed footprints of the buildings. As such, a new storm sewer easement will need to be dedicated along the westerly property line of this parcel and the existing storm sewer replaced in the new easement. An easement along the westerly property line is the preferred location since the new storm sewer may be brought through the existing access and t.ttility easement north of the parcel then angled toward the Roaring Fork River with the least disturbance to the site and the easiest access for maintenance, repair and operation. The easement should be at least 15 ft iil width which would also coincide with the required building setback from the westerly side property line. The design of the storm sewer line and sewer outfall will need to be reviewed and approved by the Cite Engineer prior to issuance of the building permit. A new easement will need to be dedicated and recorded for the storm sewer prior to issuance of a buildim, permit for the property unless it is to remain a private sewer. 6. Top of Slope Determination: Based upon the contours of the site plan (based upon GIS topography) and the site visit, it appears that the top of slope lies close to contour line 7,934 which is approximately 7 to 11 ft further east of the line depicted on the submitted site plan as the top of slope. If the top of slope were determined to lie 9 ft further east of the depicted line, the end of the roof eave. as shown on the submitted site section, would lie below the projected 450 height limitation plane however the cantilevered balcony appears to project approximately 1.5 ft into the 15 ft no development zone behind the top of slope. Based upon previous knowledge of the site and topography, slope stability is not expected to be a concern in this location particularly given the building setback from the top of slope and the reclined building profile away from the top of slope. However, if adverse soil conditions are identified in the pre - construction soil investigation or during construction, the foundation and structural framing of the building should be modified so as to prevent additional loading on the bank slope that may cause slippage or adverse compaction. Although this property lies on the outside radius of a constricted curve of- the river, the river channel adjacent to this parcel has passed the narrowest constriction of the curve so the velocity of the river's current is expected to be decreasing as it leaves the curve rather than increasing iiito the curve. The property is also in the lower half of the curve rather than at the leading edge so it is less susceptible to leading edge attack by the river's current. These aspects of the adjacent topography together with the existing boulders and vegetation along the lower river bank create relatively stable bank conditions. 3 or 4 DRCM0597.DOC Memo - Frenzel Conditional Use Review Ibr an ADU and Stream Margin Review 7. Site Drainage: The new development cannot release more than historic (pre -development) storm run-off from the site and any increase in storm run-off must be first routed and detained on the site. Given the existing prevailing gradient of the site, the landscape and grading plans need to be coordinated to minimize erosion and sedimentation during and after development. The building envelope will need to be delineated by construction fencing incorporating sediment webbing to minimize the erosion potential. The barrier should be erected and maintained throughout the construction until the later of either the issuance of the Certificate of Occupancy or completion and establishment of the landscaping. The drainage plan should minimize introducing additional drainage on to the bank slope, particularly concentrated flows. A copy of the soils report must be submitted with the final site development plans. A dtainage plan completed by a currently registered Colorado civil engineer shall be included in the site development plans submitted for the building permit(s). (Not shown on submitted application drawings.) 8. Flood Elevation: Although no development has been proposed in the. flood pl;...le, if development is to be constructed within the flood plane, it will need to meet. the requirements for tlood- resistant construction; mitigate the constriction impacts upon the flood channel; and the property rcaMer will need to execute and record a certificate attesting to the fulfillment of these conditions prior to the issuance of the C.O. 9. Record Drawings: Prior to C.O. issuance, the building permit applicant will be required to submit to the Aspen/Pitkin County Data Processing Dept. as-builts drawings for the p:,;ject shov.- the property lines, building footprint, easements, encroachments, entry points, for utilities ,-nterrls'. I e property boundaries and any other improvements. 4OF4 DRCNI0597.D0C Memorandum 0 TO: Bob Nevins, City Planner THRU: George Robinson, Parks Director FR: John D. Krueger, Trails Supervisor/Parks Department DATE: January 21, 1997 RE: Frenzel- Stream Margin -ESA & Accessory Dwelling Unit Review Parcel No. 2737-181-58-001 After review and investigation, the Parks Department offers the following comments on the application for Stream Margin Review and Accessory Dwelling Unit under the Municipal Code: 26.68.040 Stream Margin. B.2. Any trail on the parcel designated on the Aspen Area Community Plan, Parks/Recreation/open Space/Trails Plan map, or areas of historic public use or access are dedicated via a recorded easement for public use. Dedications are necessitated by development's increased impacts to the City's recreation and trail facilities including public fishing access; The applicant responded: "There are no designated trails of historic public uses associated with the parcel. " The River Trail has been a part of the community planning since 1962 when the Aspen Institute Director -Robert Craig and Fritz Benedict recommended to preserve open space along all this river corridor. The River Trail has been part of the planning process and various studies and plans for past 30 years. While the exact location of the trail has changed due to some of the development, a river trail corridor along the Roaring Fork River has been a constant desire of the community. Aspen Area Community Plan(AACP): The River Trail ia shown on the Aspen Area Community Plan (see attached). It is shown on the "Pedestrian Trails Plan" map of the AACP as a "primary" and "secondary" commuter trail. It is shown on the "Bikeways Trails Plan" as a "recreation" trail. page 2 Frenzel Stream Margin & ADU Both maps are designed to supplement the "Pedestrian and Bikeway Plan" of 1990 which is referred to numerous times in the AACP. Both the "Open Space/Recreation and Environment Action Plan" and the "Transportation Action Plan" section of the AACP list the following as an action item: "Implement the recommendations in the Pedestrian and Bikeway System Plan in a phased capital improvement program". Parks/Recreation/Open Spice/Trails Element of the AACP: The River Trail is also shown in the "Parks/Recreation/Open Space/Trails Element" of the AACP as figure 9 of the same plan map as a trail and pedestrian corridor (see attached). This was adopted by the Planning and Zoning Commission. This "Element" of the AACP also cross references the "Roaring Fork Greenway Study" as a guide to be used. In the "Trails" section, under "Objectives", it lists: 5. "Provide a trail alignment along the river and creeks for use by hikers and fisherman, especially on the Rio Grande parcel." 14. "Establish a review process that refers development and applications to an agency/council responsible for addressing the needs of the trails system.." 21. " Revise the subdivision regulations to require the developer to construct or pay for the construction of the required trails." In Table 9-"Missing Components of Open Space/Trails System in the Aspen Area" it lists "Pedestrian/Bicycle/Nordic Trail from Aspen Club to State Highway 82" as a missing link to be acquired and developed. B.3. The recommendations of the Roaring Fork River Greenway Plan are implemented in the proposed plan for development, to the greatest extent practicable. The applicant responded: Recommendations of the Roaring Fork Greenway Plan will be implemented to the greatest extent possible. There is no detail listed as to how the plan will be implemented. A big part of the Plan is the River Trail along the Roaring Fork River. The trail is shown on Trails Plan map of "The Roaring Fork Greenway Plan" ( see attached) as a trail corridor. page 3 Frenzel Stream Margin & ADU The Roaring Fork Greenway plan states that: "A developed trail system throughout the Greenway is essential if the maximum possible recreational and educational potentials are to be achieved." B. 11. A landscape plan is submitted with all development applications. Such plan shall limit new plantings (including trees, shrubs, flowers, and grasses) outside of the designated building envelope on the river side to native riparian vegetation; The applicant response: No landscaping outside of the building envelope is proposed. No landscaped plan was submitted by the applicant. A landscape plan needs to be submitted for review of development within and outside of the building envelope. If any trees are to be effected by any development, the applicant must follow the requirements under the "Municipal Code, Chapter 13.20, Tree Removal Permits" B. 14. There has been accurate identification of wetlands and riparian zones. Applicant response: Wetlands and riparian zones are below the high water mark. The applicant does not show any wetlands or riparian zones on site plan. The applicant's response is incomplete and inaccurate. A Survey for the Parks Department shows almost all of the wetlands area is above the high water line of the river (see attached). GENERAL COMMENTS: 1. It appears that the "top of slope" should be at elevation 7936 contour line rather than the straight line drawn on the plans below the 7930 elevation contour line. 2. The applicant should be advised of the sewer line and storm drain under the building and building envelope. 3. The applicant should be urged to negotiate with the City for the granting of a trail easement across their property to help complete the River Trail system page 4 Frenzel Stream Margin & ADU M.60.040 Conditional Use -Accessory Dwelling Unit F. The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan.... fee above comments from Stream Margin regarding the Aspen Area Comprehensive Plan and the importance of the River Trail completion. SUMMARY: The Benedict "River Trail" has been a part of community planning process for a long time. It has been referenced, described, and mapped in numerous publications and planning guides through out the last 30 years. It is a critical link in the trails system. We would urge the applicant to grant a trail easement so that the system could be completed and the dream of Fritz Benedict and many others realized. J41 23 ' g r 10' 44AM ASPEN HOUSING CIF,- i r MEMORANDUM TO: Bob Nevins, Community Development Department FROM: Cindy Christensen, Housing Chico DATE: January 23, 1997 RE: Frenzel Accessory Dwelling Unit Review Parcel ID No. 2737-181-58-001 ISSUE: The applicant is requesting approval to construct an ADU to be located above a detached garage, RECOMMENDATION: Staff mcmmmends approval as long as the following conditions are met: 1. The unit falls within minimum and maximum square footage: Accessory dwoning units shall contain not less than three hundred (300) square feet of allowable Moor area and not more then seven hundred (700) square feet of allowable lroorarea, The unit shall be deed restricted, meeting the housing authority's guidelines for resident occupied units and shaft be limited tc rental periods of not less than six (6) months in duration. owner's of Me principal residence shall have the right to place a qualified employee or emptoyees of his or her choosing in the accessory duelling unit 2. The kitchen falls within the following specifications: X.1che - Fix Accessory Cwelting Units and Caretaker Dwelling Units, a r ninrmum of a two -humor stove with oven, standard sink, and a 8-cubic fiat refterator plus freezer. 3. An accessary dwelling unit deed restriction must be recorded prior to building permit approval (this form is provided by the Housing Office). 4. Floor plans of the ADU be provided to the Housing Office prior to building permit approval. 5 Inspection of the unit by the Housing Office prior to Certificate of Cccupancy, VGfWafiftnaCu., 97 -1628N15 51/2 51/2 -2525 W5 uWal 1 228 W5 1 225 VV5 0 0 0 • WEST ELEVATION 1:96 0 0 0 • SOUTH ELEVATION 1 :48 APR-02-97 10:48 FROM: • PAGE 2/2 Post -It Fax Not 7671 Date .01e I- F From Co./Dept. Co. Phone # Phone # Fax # Fax # I,4: BILL CAMPBELL NICK FRENZEL FROM: CHUCK 13RANOT IO= 0 3UM DATE: I" APRIL 2, 1997 ADU 'VARIANCES Bill, accompanying this Memo is a copy of Chris Hendon's Memorandum to the P & Z regarding last nights hearing on the ADU application. Pages 9 & 10 of Chris' Memo sets forth the conditions adopted by the Planning Commission on motion to approve the requested variances, with one change which I've noted in Paragraph I of the Conditions and as explained in this Memo. The Planning Commission approved the ADU and granted the two set -back variances. The Commission struggled mightily with the issue of the FAR, "double bonus" or an additional square footage variant the detached ADU. Here's the way it came out, as I understand it: The allowable FAR of 3,732 square feet was approved 500 s.f. Garage, etc. 450 s_f. Detached ADU contributing 3,382 s.f. Single family residence Total 4,332 s.f. ow , There was confusion on the part of the P & Z as to just what was being requested. However, from the discussion by the P & Z members, it was clear to me that the above square footages are all that the members were inclined to grant or allow to be constructed on the lot. I'lI be out of the office the rest of this week, but if you wish to reach me, leave a message on my voice mail (925-3476 Ext_ 204) and I'll return your call_ }HFI:19935 vI FAR: Allowable: 3,732 square feet. Considering the following: 0 250 s.f. of Garage, carport, & storage area not contributing to FAR. 125 250 s.f. of Garage, carport, & storage area contributing 1/2 to FAR. 225 450 s.£ADU contributing 1/2 to FAR (Bonus for detached and deed restricted) 33$2 Other area contributing to FAR (at descretion of developer) 3732 Total for site. jaL I ill 00n YA) �d {4 iF �W Vj* �T 'po DPC i-qV �-Nv MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Stan Clauson, Community Developrr=t Dir ctor Julie Ann Woods, Deputy Director FROM: Christopher Bendon, City Planner RE: Frenzel Stream Margin Review (ESA) & Conditional Use for ADU - Public Hearing. 329 Park Avenue, near intersection of Park Avenue and Regents Streets. City of Aspen Parcel No. 2737-181- 58-001 DATE: February 4. 1997 SUMMARY: The applicant, Otto Frenzel, is proposing to construct a new single family residence with an Accessory Dwelling Unit (ADU) located above a detached garage. ADU's are a conditional use in the R-6 zone district. The property adjoins the Roaring Fork River and is subject to Stream Margin Review (ESA). The applicant is requesting to continue the public hearing for the conditional use for an ADU to a date certain, and to table the Stream Margin Review to February 18, 1997. Staff recommends tabling the Stream Margin Review to February 18, 1997, and continuing the conditional use review for an ADU at the Frenzel Property to a date certain to be determined by the Planning and Zoning Commission. RECOMMENDED MOTION: "I move to table the Stream Margin Review of the Frenzel Property, 329 Park Avenue, to February 18, 1997, and to conti ue the p blic hearing for conditional use for an ADU at the same property to r d .1997. Exhibits: "A" Letter from the applicant requesting to table the Stream Margin Review for the Frenzel Property. "B" Letter from the applicant requesting continuation of the public hearing for conditional use of an ADU at the Frenzel Property. W CAMPBELL ARCHITECT T 9709278561 FEB 97 15:46 No.002 P.01 WILLIAM It. CAM I'I -FILL ARCHfTECT, P.C. 175 Big Hat Road Basalt, Colorado 81621 (303) 927-4425 Start Clauson Comrnuniy Development Department 130 s. Gatena St Aepe►4 CO 81611 February 3, 1997 Dear Stan, Because of certain Staff Recommendations in the Memorandum to the Aspen Planning and Zoning Commission dated January 30, 1997 we are requesting a continuation of the Frenzel Stream Margin (ESA) Review until the February 18, 1997 meeting. Sincerely; n William B. Garnpbeli Agent W CAMPBELL ARCHITECT 9709/-E JAN ') '97 9:07 No.094 P.01 t ARCHITECT, P.C. ` 175 Big Hat Road Basalt, Colorado 81621 (303) 927-4425 Chris Dendan Community Development Department 130 s, Celeste. SL. Aspen, CO 81611 January 29, 1997 Dear Chris, We are requesting that the Public Hearing for the proposed Acoassory Owe Unir on Adjusted all Of the Bbbfg Sin (Fremel project) be corrtinued until such time as the Owner has obtained the design review pursuant to Section 28.68.020 of the Land Use Regulations of the City of Aspen sincerely; L,� A _ Wiliam B. Campbell Agent ICI CAMPBELL ARCHITECT •ID:9709278561 JW9'97 9 :07 hla .00d P .01 ARCHITECT, P.G. 175 Big Hat Road Basalt, Colorado 81621 (303) 927-4425 Chris Dendon Commuhity Development DepartrneW 130 S, Ga l"m at. Aspen, CO 01611 January 29, 1997 Dear Chris, We are requesting that the Public Hearing for the proposed Accessory Dwelling Unh on Adjusted Parcel 7 of the Bbbig subdivision (FrOnzel Project) be continued until such time as the Owner has obtained the design review pursuant to section 26.58.020 of the Land Use Regulations of the City of Aspen. Sincerely; Wiliam B. Campbell Agent W CAMPBELL ARCHITECT OD:9709"-1178561 WI LLIAM 1t. (J'A1� �-101110 ELL FE43'97 13:46 No.0021 P.01 ARCHITECT, P.G. 175 Big Hat Road Basalt, Colorado 81621 (303) 9274426 Stan Clauson Community Development Department 130 8. Galena St. Aspen, CO 81611 February 3, 1997 Dear Stan, Because of certain Staff Recommendations in the Memorandum to the Aspen Planning and Zoning Commission dated January 30, 1997 we are requesting a continuation of the Frenzel Stream Mugin (ESA) Review until the February 1 S, 1997 meeting. Sincerely; William g. Campbell Agent W CAMPBELL ARCHITECT W9709278561 1'1ILLlAN It. CAMPBELL MAP* 1 9T 10:24 No.001 P.01 ARCHITECT, P.C. 175 Big Hat Road Basalt, Colorado 81021 (303) 927-4425 Chris Bendon Community Development Department 130 8. Galena 8t. Aspen, CO Well March 13, 1997 Dear Chris, We are requesting that the Public Hearing for the proposed Accessory Dwelling Unit on Adjusted Parcel 1 of the Bibbig Subdivision (Frenzel Project) be continued until April 1, 1997. This will allow us to notice the property for front and side yard variation. Sincerely; �- . C--V—1 �� Mliam U. Carnpbetl Agent PUBLIC NOTICE RE: FRENZEL CONDITIONAL USE FOR ACCESSORY DWELLING UNIT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, February 4, 1997, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Otto Frenzel, requesting conditional use for accessory dwelling unit (ADU) approval. The applicant proposes to construct a new single-family residence with an ADU located above a detached garage. The property is located at Parcel 1 of the Bibbig Subdivision near the intersection of Park Avenue and Regent Streets, and is described as a tract of land situated in the SW1/4 SE1/4 of Section 7 and in the NW1/4 NE1/4 of Section 18, Township 10 South, Range 84 West of the 6th P.M. For further information, contact Chris Bendon at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5072. s/Sara Garton, Chair Aspen Planning and Zoning Commission ; I -e �q 'f PUBLIC NOTICE RE: FRENZEL CONDITIONAL USE FOR ACCESSORY DWELLING UNIT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, April 1, 1997, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Otto Frenzel, requesting conditional use for accessory dwelling unit (ADU) approval and requesting dimensional variances for the front yard from 15' to 2'6", the side yard from 15' to 12', and to the maximum allowable floor area by 225 square feet. The applicant proposes to construct a new single-family residence with an ADU located above a detached garage. The property is located at Parcel 1 of the Bibbig Subdivision near the intersection of Park Avenue and Regent Streets, and is described as a tract of land situated in the SW1/4 SE1/4 of Section 7 and in the NW1/4 NE1/4 of Section 18, Township 10 South, Range 84 West of the 6th P.M. For further information, contact Chris Bendon at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5072. s/Sara Garton, Chair Aspen Planning and Zoning Commission • • HOLLAND & HART LLP ATTORNEYS AT LAW DENVER • BOULDER 600 EAST MAIN STREET TELEPHONE (970) 925.3476 COLORADO SPRINGS • ASPEN ASPEN, COLORADO 81611- FACSIMILE (970) 925-9367 DENVER TECH CENTER 1953 BILLINGS • BOISE CHEYENNE • JACKSON HOLE CHARLES T. BRANDT SALT LAKE CITY 970-925-3476 CBrandt@Hollandhart.com December 23, 1996 HAND DELIVERY Mr. Bill Campbell 175 Big Hat Road Basalt, CO 81621 Re: Nick Frenzel Dear Bill: Accompanying this letter is a copy of the Bibbig/Frenzel purchase contract for your use in connection with the stream margin review application. The Contract should be sufficient to show Nick's interest in the property as the Contract purchaser for application purposes. Also enclosed in our check in the amount of $1,390.00 payable to the City of Aspen representing the application fee. As I mentioned, I have checked our file and called Joe Edwards, attorney for Dieter Bibbig, and I cannot come up with an address for the lot. I do not believe an address has been assigned by the City. Let me know if you need anything else. Very truly yours, Charles T. Brandt FOR HOLLAND & HART CTB/pal Enclosure cc: Otto Frenzel (via fax) i AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY THIS AGREEMENT, made and entered into this 8th day of April, 1996, by and between DIETER BIBBIG ("Seller") and OTTO N. FRENZEL,III ("Buyer"). 1. Agreement to Sell and Purchase Real Property. Subject the boundary line adjustment as provided in Paragraph 5, below, Seller agrees to sell to Buyer, and Buyer agrees to purchase from Seller, upon the terms and conditions hereinafter set forth, all the real property described on Exhibit A, attached hereto and as the same is shown on Lot 2 on Exhibit B (the "Real Property"), to be modified as described herein. 2. Purchase Price and Terms. The purchase price for the Real Property shall be One Million Dollars ($1,000,000.00) and shall be payable by Buyer'as follows: (a) $50,000.00 as an earnest money deposit (the "Earnest Money Deposit") and part payment hereunder, within ten (10) business days following execution of this Agreement by all parties, consisting of a non-refundable deposit in the amount of $10,000 payable to Seller and a refundable deposit in the amount of $40,000 payable to Pitkin County Title, Inc.'s Trust Account (the "Title Company"), subject to the terms and conditions of this Agreement. (b) The part of the Earnest Money Deposit paid to the Title Company shall be delivered to Seller by the Title Company upon the expiration of the due diligence period provided for in Paragraph 4 below, provided that Seller delivers to Buyer the promissory note, as required under Paragraph 3 below, in the amount of the $40,000.00 Earnest Money Deposit secured by a deed of trust which secures the repayment of said Earnest Money Deposit to Buyer in the event of a default by Seller. The Note and Deed of Trust ("Earnest Money Deed of Trust") shall be in the form described in Paragraph 3 below. (c) An additional deposit of $250,000.00 shall be placed by Buyer with the Title Company within ten (10) days after the expiration of the due diligence period which shall be placed in an interest bearing account. The additional deposit and the interest earned thereon shall be paid to Seller at closing or shall be returned to Buyer in the event of Seller's default as provided in this Agreement. (d) The balance of the purchase price in an amount equal to the difference between the purchase price of $1,000,000.00 less the Earnest Money Deposit of $300,000.00 shall be paid in immediately available funds at closing, less customary closing adjustments. Real property taxes shall be prorated to the date of closing based upon the actual tax bill for the calendar year prior to the year of closing for the Real Property and any other proratable items shall be prorated to the date A f to 5A N� of closing. Buyer shall pay the City of Aspen real estate transfer taxes due at closing in connection with this transaction. Escrow and closing fees will be paid equally by Seller and Buyer. All monetary liens or encumbrances on the Real Property or any part thereof shall be paid in full by Seller and released of record prior to or at closing out of the proceeds of this transaction. 3. Earnest Money Deed of Trust. The Promissory Note shall be secured by a Earnest Money Deed of Trust (Form TD-72-11-83) for the benefit of Buyer covering the Real Property. The Note shall bear interest at the rate of 8% per annum from March 15, 1997 and shall be due and payable by Seller on March 15, 1998. 4. Due Diligence Period. Buyer shall have forty (40) calendar days from the date of execution hereof by Seller and Buyer (the "Due Diligence Period") to make, obtain and review, at the expense of Buyer, such tests, analyses, studies, reports, surveys and investigations of the Real Property as Buyer deems necessary or appropriate regarding access, title, drainage, soils, hazardous wastes, and zoning and development rights. During the Due Diligence Period, Buyer or Buyer's designated agents shall have access to the Real Property for purposes of performing any tests, analyses, studies or investigations as may be deemed necessary by Buyer. If Buyer notifies Seller within ten (10) calendar days following the expiration of the Due Diligence Period that Buyer has determined, in Buyer's sole discretion, that the Real Property is not suitable for his intended uses or purposes, this Agreement shall terminate, Buyer shall be entitled to a return of that portion of the Earnest Money Deposit held by the Title Company and all interest earned thereon upon the expiration of any applicable period for the filing of mechanics liens for work ordered by the Buyer, and the parties shall be relieved from all further rights and responsibilities hereunder. If no such notice of termination is timely given, Buyer shall be deemed to have waived any right to terminate this Agreement pursuant to this Paragraph 4. Within five (5) business days after execution of this Agreement by all parties, Seller shall make available to Buyer or Buyer's designated representatives all specifications, data, studies, surveys, maps or other information or materials in Seller's possession or control pertaining to the Real Property, including but not limited to, any title commitments or policies, deeds or other documents of record or otherwise, all information regarding access and the like. Buyer agrees to promptly pay and to protect, indemnify and hold harmless Seller for any claims, loss, damage or bills resulting from any tests or investigations made by Buyer hereunder. 5. Conditions Precedent. The following shall be conditions precedent to Buyer's obligation to proceed with the provisions of this Agreement and purchase the Real Property: �1� (i) Prior to the expiration of the Due Diligence Period, Seller agrees to utilize his best efforts to obtain and record in the Pitkin County records an instrument which fully and forever terminates the easement created and established by that certain Quitclaim Deed recorded March 13, 1962 in Book 197 at Page 82. Said instrument shall be executed by the present record owners of the lands benefitted by said easement. (ii) Prior to the expiration of the Due Diligence Period, Seller agrees to utilize his best efforts to obtain a written agreement from the owner of the Real Property situated westerly of Seller's adjacent real property agreeing to (a) the relocation of the southerly line of the access easement over the Real Property to a location on the Real Property which is at least fifteen feet more or less north of the existing northeasterly corner of Lot 2 as shown of Alpine Surveys' Job 84-126-3 and which will be north or coincide with the relocated property line as shown on Exhibit B, attached hereto, and north of the northerly most evergreen tree so that the use of the relocated easement will not interfere with the tree and the growth of the branches of the tree, and (b) the releasing of record said owner's existing easement rights over that portion of the Real Property to be conveyed to Buyer following the boundary line adjustment provided for herein. Seller, similarly, hereby agrees to (a) the relocation of Seller's access easement over the Real Property in the same location as agreed upon with respect to providing access to the property to the west of Seller's adjacent property, and (b) releasing of record Seller's existing easement rights over the Real Property. The foregoing agreements shall provide that upon closing, appropriate agreements setting forth the legal description of the new easement location shall be entered into and recorded together with appropriate releases of the existing easements rights over the Real Property. The relocated easement shall be non-exclusive in nature and shall permit use by Buyer, if he so elects. (iii) Seller shall immediately, after obtaining the survey to be prepared pursuant to Paragraph 9 below, apply to the City of Aspen for approval of the boundary line adjustment as agreed to in this Agreement, the costs and risks of such application to be borne by Seller. In the event Seller has not been successful in obtaining or entering into the agreements described in Subparagraphs (i) and (ii), during the Due Diligence period, Buyer may notify Seller within ten (10) calendar days following the expiration of the Due Diligence Period, that Buyer elects to terminate this Agreement and Buyer shall be entitled to a prompt return of the Earnest Money Deposit held by the Title Company and all interest earned thereon, and the parties shall be relieved from all further obligations hereunder. Similarly, and if Buyer has not terminated this Agreement as provided in the prior sentence of this Paragraph 5, if Seller has not been successful in satisfying the condition set forth in Subparagraph (iii), above, prior to September 10, 1996, the date of closing or prior to any extended closing date hereunder, Buyer may notify Seller that Buyer elects to terminate this Agreement and Buyer shall be entitled to a prompt return of the Earnest Money Deposit held by the Title Company and all interest earned thereon, and the parties shall be relieved from all further obligations hereunder. If no such notices of termination are timely given, Buyer shall be deemed to have waived any right to terminate this Agreement pursuant to this paragraph 5. If Seller has not accomplished the boundary line adjustment described above by closing and if Buyer, nevertheless elects to close, then Buyer shall continue to cooperate with Seller to complete such boundary line adjustment after closing at Seller's expense. If Seller has, after reasonable efforts through the City of Aspen Land Use boundary line adjustment approval procedure, been unable to accomplish such adjustment, then Buyer shall grant Seller a non- exclusive yard easement across the northerly portion of the real property from the new access easement north for benefit of Seller's property. Said yard easement shall only permit Seller the right to maintain the easement area as a landscaped, open space area and not for any other purpose. 6. Removal of Lis Pendens. The parties acknowledge that the Seller has filed a Rule 105 quiet title suit in the Pitkin County District Court to remove a cloud from his title to the Real Property and has recorded a Lis Pendens regarding such suit. Seller has obtained an order for summary judgment in the trial court granting him a decree quieting title to the Real Property in his name. In addition, said judgment has been affirmed by the Colorado Court of Appeals. A defendant, James C. Blanning, filed a Motion for Rehearing with the Court of Appeals which was denied by the Court of Appeals. Seller will continue to vigorously defend the decree in his favor and to oppose the Petition for a Writ of .Certiorari to the Colorado Supreme Court filed by Blanning, at Seller's expense. If requested of Seller, all documents regarding such litigation shall be made available to Buyer. Prior to the closing date hereunder, and as an additional condition precedent to Buyer's obligation to purchase the Real Property (i) Seller shall obtain a final decision of the Court of Appeals or Colorado Supreme Court which either dismisses Blanning's entire appeal or which affirms the judgment of the trial court in all respects, and (ii) Seller shall release the Lis Pendens of record. 7. Title Insurance. Seller shall obtain from the Title Company and deliver to Buyer a current commitment (the "Commitment") for issuance of an ALTA (1990 revision) owner's policy of title insurance in the amount of $1,000,000.00, showing good and marketable title to the Real Property [except for the . cloud being cured by the quiet title suit (i.e., a purported deed of the Real Property to High Western Development Corp. and from High Western and R.F. Riverbend, Inc. to James Blanning and a w �' purported deed of trust by High Western to Burton) and the Lis Pendens and the access easements across the property] vested in Seller within five (5) calendar days following the execution and delivery of this Agreement. Seller shall also deliver to Buyer a current Certificate of Taxes Due from the Pitkin County, Colorado, Treasurer's office. Immediately prior to closing, Seller shall obtain from the Title Company and deliver to Buyer an updated Commitment removing the Lis Pendens and the quiet title suit and all Blanning-related title issues as exceptions or requirements, and the exceptions for the access easements, and showing no additional title exceptions, and shall cause the standard printed Exception Nos. 1-4 to be deleted. As soon as possible after closing, Seller shall cause the title policy to be delivered and issued to the Buyer in accordance with such updated Commitment. Seller shall pay the premium thereon. Should Seller be unable to obtain such commitment immediately prior to closing, Buyer may elect to terminate this Agreement by providing written notice of such election to Seller and receive the Earnest Money Deposit held by the Title Company. 8. Title. Seller agrees to convey to Buyer good and marketable title to the Real Property free and clear of all taxes, liens and encumbrances. 9. Boundary Survey. on or before twenty (20) days from the date of this Agreement, Buyer shall obtain, at Buyer's expense, a current boundary survey of the Real Property certified by a licensed Colorado surveyor for the benefit of Seller, Buyer and the Title Company. The surveyor shall locate and set all boundary corners of the Real Property not previously located or set, and shall monument all boundary corners for visual inspection. The survey shall depict (i) the correct metes and bounds legal description of the Real Property, (ii) the location and identification of each boundary corner, (iii) the exact square footage of the Real Property, (iv) the location of any and all easements, rights -of -way, the Roaring Fork River, and any ditches or laterals, which are revealed by a physical inspection of the Real Property or by the Commitment, (v) the location of any and all improvements encroaching onto the Real Property, including without limitation all buildings, roads, driveways, parking areas, overhead and underground utility lines (including Seller's underground sewer line), utility poles and other utility installations, and fences at or near the perimeter boundaries of the Real Property, (vi) the 100-year flood plain boundary as it affects the Real Property, (vii) topographical features based on 2-foot contours and (viii) shall satisfy all City of Aspen Land Use Code requirements for a plat setting forth a boundary line adjustment. Buyer shall approve or disapprove the survey and the corners of the Real Property following receipt of the survey and prior to the lapse of the forty (40) day Due Diligence period. 10. Title Defects. If the Commitment, or the boundary survey, reflects the existence of any lien, encumbrance, easement, encroachment, defect in and/or objection to title, other than the permitted exceptions for the Lis Pendens and the access and sewer -5- V'?// easements (a "Defect"), Buyer shall give written notice to Seller of any such Defect which Buyer is unwilling to waive as provided in paragraph 4, above. Buyer shall be deemed to have waived any Defect not specified in such notice given within such period of time. Within ten (10) calendar days after the receipt of such notice, Seller shall give notice to Buyer advising Buyer of whether Seller intends to cure any such Defect. If Seller declines to cure any such Defect, then Buyer may, at his option, within ten (10) calendar days thereafter (a) waive such Defect and proceed with the transaction pursuant to this agreement, or (b) terminate this Agreement, in which case the Earnest Money Deposit held by the Title Company and all interest earned thereon shall be returned to Buyer. If on the closing date title to the Real Property or any part thereof is burdened by title defects which have not been accepted or waived by Buyer pursuant to the provisions hereof, Buyer shall have the option of (i) waiving such Defects and proceeding to close the purchase of the Real Property pursuant to this Agreement, or (ii) terminating this Agreement, in which case Buyer shall receive a prompt refund of the Earnest Money Deposit held by the Title Company, all interest earned or accrued thereon, and the parties shall be relieved from all further obligations hereunder. Buyer shall exercise such option by written notice given to Seller no later than 12:00 noon on the date of closing, as the same may be extended, failing which Buyer shall be deemed to have elected to proceed to closing. 11. Disclosures Regarding EPA Designation. Buyer acknowledges receipt of prior and timely disclosure of the fact that the Real Property is located within the Environmental Protection Agency Super Fund area and mine tailings may be located on the Real Property. If so located, such tailings may have to be covered in accordance with the approved EPA Super Fund mitigation and remediation requirements for the City of Aspen, Pitkin County, Colorado. The parties agree that neither the existence of any hazardous materials on the Real Property nor the location of the Real Property in the EPA Super Fund area shall constitute a breach or default of any representation or warranty of Seller, and Buyer releases Seller from any claims that Buyer may have against Seller in connection therewith. 12. Disclosure Regarding Sewer Line. Seller hereby discloses to Buyer that a sewer line traverses the Real Property. Seller and Buyer agrees to relocate the sewer line, and Seller and Buyer shall split the cost of the relocation one-half to each, if Buyer determines that its present location will interfere with Buyer's intended use of the Real Property. In the event the sewer line cannot be relocated prior to the date of closing, Seller shall obtain two estimates of the cost of such relocation and shall escrow the Seller's share with the Title Company at closing one- half the average of such estimates plus 20% to cover the cost of relocation which work shall be done immediately following closing. 13. Closing. This transaction shall close at 12:00 p.m. on September 10, 1996, or at such other time or earlier date as may be mutually agreed upon between Seller and Buyer. In the event that h� the condition precedent set forth in Paragraph 5(iii) has not been satisfied by that date, or the updated Commitment delivered to Buyer does not remove the Lis Pendens and reference to the quiet title suit, etc. as required by Paragraph 7, above, Buyer shall have the option, in his sole discretion, of (a) extending the closing date to a date not later than six (6) months, i.e. March 15, 1997, or thirty days after the satisfaction of the condition set forth in Paragraph 5(iii) above, and the delivery of a satisfactory title insurance commitment, whichever is the earlier, (b) terminating this Agreement and receiving a prompt refund of the Earnest Money Deposit held by the Title Company and all interest earned or accrued thereon, or (c) proceeding to close this transaction on the scheduled closing date. Buyer shall exercise such option by written notice given to Seller no later than 12:00 noon on the date of closing, failing which Buyer shall be deemed to have elected to proceed to closing. If Buyer elects to extend the closing date to March 15, 1997, and on said extended closing date the conditions listed in Paragraphs 5(iii) and 7 have still not been satisfied, Buyer shall once again have the same options as are described in subparagraphs (a), (b) and (c) above, in this Paragraph 13. The closing shall be held at the office of the Title Company at 601 East Hopkins Avenue, Aspen, Colorado 81611. At the closing, the following shall occur: (a) Seller shall deliver to Buyer a duly executed and acknowledged General Warranty Deed conveying the Real Property as modified herein and all improvements thereon, all appurtenances thereto, all easements, rights -of -way, and other interests appurtenant or incident to said real property, free and clear of all taxes, liens and encumbrances, except any title matters that may have been permitted or waived by Buyer pursuant to the terms hereof. (b) Seller shall deliver for the benefit of Buyer and of the Title Company a duly executed and acknowledged Affidavit and Indemnification covering all mechanics' liens or other claims for work performed or materials supplied with respect to the Real Property. (c) Buyer shall deliver balance of the purchase price as described in Paragraph 2(d), above, to the Title Company, subject to closing adjustments, in the form of wired or certified funds. (d) Buyer and Seller shall execute Statements of Settlement which reflect the purchase price and all adjustments thereto. (e) Seller shall execute and deliver to Buyer and Title Company an Affidavit reciting that Seller is not /1�1� -7- N� subject to withholding as a Foreign Person Transferor under IRS Section 897. (f) Seller and Buyer shall execute and deliver the documents required under Paragraph 5 above, and such other documents as may be necessary or appropriate to effectuate the intent and purpose of this Agreement and the transactions contemplated hereby. (g) Seller shall deliver possession of the Real Property (as the boundary may have been adjusted) to Buyer, free of leases, tenancies or occupancies of any kind, and free and clear of all debris, trash, vehicles, equipment, and other personal property of any kind. 14. Seller's Covenants. Seller hereby covenants with Buyer that between the date of this Agreement and the date of closing hereunder, Seller: (i) Shall not transfer or otherwise dispose of any interest in the Real Property or any part thereof and shall not create or suffer the imposition of any further liens or encumbrances or restrictions on the Real Property or any interest therein. (ii) Shall not make any material alterations to the Real Property or any part thereof, except the boundary line adjustment described herein, and shall not cut or remove any live trees or other vegetation thereon. (iii) Shall not enter into any contracts, agreements or leases affecting the Real Property which will survive the closing hereunder. (iv) Seller shall bear all risk of loss or damage with respect to the Real Property until the closing hereunder has been consummated. If the Real Property or any part thereof is damaged by fire or other casualty between the time of this Agreement and the closing date hereunder, Buyer shall have the option of (a) terminating this Agreement and receiving a prompt refund of the Earnest Money Deposit held by the Title Company and all interest earned or accrued thereon, or (b) proceeding with the transaction pursuant to the terms of this Agreement without adjustment in purchase price. Such option shall be exercised by Buyer by written notice given to Seller no later than 30 days following the fire or other casualty, failing which Buyer shall be deemed to have elected to proceed with the transaction. (v) Shall promptly apply the non-refundable portion of the Earnest Money Deposit to Seller's costs to comply with Seller's obligations hereunder or to principal or monthly debt service of the monetary liens against the A -8- • • Real Property or Seller's adjacent parcel to the northwest. 15. Default. If Buyer fails or refuses to perform or tender any of their closing obligations hereunder, which default Seller elects not to waive, the Earnest Money Deposit held by the Title Company and earned or accrued interest shall be forfeited by Buyer and retained by Seller and both parties shall thereafter be released from all obligations and responsibilities hereunder. It is agreed that such forfeited earnest monies and interest are liquidated damages and are Seller' sole and only remedy for Buyer's failure to perform or tender their closing obligations under this Agreement. Seller expressly waives the remedies of specific performance and additional damages. In the event that during the term of this Agreement, any of Seller's representations or covenants herein are incapable of performance, or if Seller shall fail or refuse to perform any of its obligations hereunder, which default Buyer elects not to waive, Buyer shall have the option of (i) declaring this Agreement terminated, in which event Buyer shall be entitled to a refund of that portion of the Earnest Money Deposit held by the Title Company and all interest earned or accrued thereon and the parties.shall be deemed discharged from any further rights or responsibilities hereunder, or (ii) treating this Agreement as being in full force and effect and suing for the specific performance hereof, or damages, or both. 16. Notice. All notices, written consents or other communications required or permitted to be made or given pursuant to this Agreement shall be in writing and shall either be delivered personally or sent by certified mail, return receipt requested, postage prepaid, addressed to the party for whom intended at the address set forth below. Any party may change its address by written notice to the other party. All notices sent by mail shall be deemed given and effective two (2) days after being deposited in the United States mail as above required. To the Seller: Dieter Bibbig P.O. Box 175 Aspen, Colorado 81612 With a copy to: Joseph E. Edwards, Esq. Hill, Edwards, Edwards & Adkison, L.L.C. Centennial Plaza Building 502 Main Street, Suite 201 Carbondale, CO 81623 To the Buyer: Mr. Otto N. Frenzel, III 11330 Templin Road Zionsville, IN 46077 -9- With a copy to: Charles T. Brandt, Esq. Holland & Hart 600 E. Main Street Aspen, CO 81611 17. Transaction -Broker. Seller and Buyer acknowledge, understand and accept that Dickerson Real Estate Company is operating as a Transaction -Broker for Buyer in this transaction. As a Transaction -Broker the undersigned broker does not represent the Buyer or Seller in a fiduciary capacity as agent but assists the Buyer and Seller together in this transaction. 18. Transaction -Broker Commission. Seller shall pay at closing, from the proceeds of this transaction, Seventy -Five Thousand ($75,000.00) as the Buyer's Transaction -Broker fee. This shall be Dickerson Real Estate Company's only compensation in this transaction. 19. Survival Clause. The representations, warranties and agreements made in this Agreement by Seller and Buyer, respectively, shall survive the closing of this transaction. 20. Assignment. Neither party hereto may assign its rights hereunder to any third person or entity without first obtaining the written consent of the other party; providing, however, Buyer may assign this Agreement to a revocable trust for the benefit of one or more of the Buyer, a partnership comprised of Buyer and member of their family or similar entities involving Buyer or members of their family without first obtaining Seller's consent. 21. No Third Party Beneficiaries. None of the terms, covenants, obligations or rights contained in this Agreement is or shall be deemed to be for the benefit of any person or entity not a party hereto. 22. Attorney's Fees. In the event of any litigation or Arbitration between Seller and Buyer involving the interpretation and/or enforcement of this Agreement or any provision hereof or any other element of this transaction, the prevailing party shall be entitled to an award of its costs and expenses (including reasonable costs and attorney's fees) incurred therein as a part of the judgment or stipulated settlement entered in such litigation. 23. Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RISK FOR INCREASED MILL LEVIES AND EXCESSIVE TAX BURDENS TO SUPPORT THE SERVICING OF SUCH DEBT WHERE CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES. BUYER SHOULD INVESTIGATE THE DEBT FINANCING REQUIREMENTS OF THE AUTHORIZED GENERAL OBLIGATION DISTRICT SERVICING SUCH INDEBTEDNESS, AND THE POTENTIAL FOR AN INCREASE IN SUCH MILL LEVIES. 4 , -10- N � • Ll 24. Time. Time is of the essence hereof. In the event the day or last day specified or permitted for the performance of any act required or allowed under this Agreement falls on a Saturday, Sunday, or legal holiday, the time for such performance shall be extended to the next succeeding business day. 25. Severability. If any provision of this Agreement shall be invalid, illegal or unenforceable, it shall not affect or impair the validity, legality or enforceability of this Agreement itself or of any other provision hereof, and there shall be substituted for the affected provision, a valid and enforceable provision as similar as possible to the affected provision. 26. Counterparts; Facsimile Signatures. This Agreement may be executed in one instrument, signed by all parties, or in counterparts, in which case all such counterparts together shall constitute one and the same instrument and Agreement, binding on all of the parties thereto, notwithstanding that all of the parties are not signatory to the original or the same counterpart. Facsimile signatures shall be treated as original signatures on this Agreement, and on notices that may be given hereunder, but not on closing documents. 27. Notice Recording. Upon the execution of this Agreement, the parties shall execute and record in the Pitkin County real property records a Memorandum of Agreement sufficient in form and content to constitute notice to third persons of Buyer's contract rights hereunder. If Buyer terminates this Agreement for any reason, Buyer agrees to execute an instrument in recordable form that effectively terminates of record said Memorandum of Agreement and all of Buyer's rights thereunder. 28. Binding Effect, Etc. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns, and shall be construed in accordance with and governed by the laws of the State of Colorado. This Agreement contains the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements and negotiations relating thereto. Finally, this Agreement may not be amended or modified except by an instrument in writing signed by all of the parties. 29. Further Assurances. Each party hereto shall from time to time execute and deliver such additional instruments or do such additional acts as the other party may reasonably request in order to effectuate the full intent of this Agreement. 30. Acceptance. This proposal shall expire unless accepted in writing by Seller as evidenced by Seller's signature below, and the Buyer receive notice of Seller's acceptance by delivery of a -11- h� copy of this Agreement by Seller to Buyer on or before April J` 1996. If accepted, this Agreement shall become a Contract be ween Seller and Buyer. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. SELLER: r � Die r Bibbig BUYER: to N. Frenzel, II REAL ESTATE BROKER: DICKERSON REA ESTATE COMPANY By: Tom Dickerson RECEIPT The undersigned hereby receipts for the $40,000.00 Earnest Money Deposit and agrees to hold said monies in accordance with the provisions of this Agreement. 15690.3 PITKIN COUNTY TITLE, INC. By: Its: -12- EXHIBIT A TO AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY A tract of land situated in the SW; SE; of Section 7 and in the NW; NE; of Section 18, Township 10 South, Range 84 West of the 6th Principal Meridian, Pitkin County, Colorado. Said tract is part of the Lone Pine Lode U.S.M.S. 1910, Part of the Mollie Gibson Lode U.S.M.S. 4281 Am. and Part of Lot 1, Sunny Park Subdivision and is more fully described as follows: Beginning at a point on the Southwesterly line of Lot 1 of said Subdivision, whence corner No. 3 of said Mollie Gibson Lode bears N 70°23'33" W 220.02 feet; thence N 32009158" E 94.76 feet to the true point of beginning, a point on the Southwesterly line of Park Avenue; thence S 14*22126" E 113.34 feet along the Southwesterly line of said Park Avenue to a point on line 1-4 of said Mollie Gibson Lode; thence S 38000'00" W 124.61 feet along said line 1-4 to the point of intersection with line 2-3 of the Riverside placer U.S.M.S. 3905 Am.; thence N 89046100" W 71.90 feet along said line 2-3 to the point of intersection with line 3-4 of said Mollie Gibson Lode; thence N 34017100" W 53.55 feet along said line 3-4; thence N 50°17100" E 130.26 feet; thence N 32009158" W 94.76 feet to the point of beginning, containing 16,955.8 sq. ft. more or less, together with all improvements thereon, and together with all hereditaments, appurtenances, easements, and other rights and interests belonging to or incident thereto, and together with all interest of Seller in any vacated streets or alleys adjacent thereto. I �'i 2 1c�- a D \ i ,,•• S OO v � fp1 CID 14 Q % / I / / ,oar / � J �vT O n \ �" T `� 1` �`�• �/' ^�~__-`• 5Q2lt7MQ3 T1IH WdEE 9661 d BZT'ON 82'udw G� CAMP3E-L ARCHITECT Nick Frenzel t 1330 Templin Road zKm*vM9, IN 40M 317-873.6360 In: 09278561 .L - -4Z irU . UvG r, .'JL December 23, 19" To whom it may oonoem; William S. Campbell, Architect PC. 175 Big Hat Md.. Basalt, CO 81621-9778, 927-4425, is my representative In rnaMrs concerning the property de3cuibed in the accompanying ancloeure emi lecated vn Park Av.(nurnber unassigned), Aspen. CO- Pvt r�. t� EXHIBIT A TO AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY A tract of land situated in the SW; SE; of Section 7 and in the NW; NE; of Section 18, Township 10 South, Range 84 West of the 6th Principal Meridian, Pitkin County, Colorado. Said tract is part of the Lone Pine Lode U.S.M.S. 1910, Part of the Mollie Gibson Lode U.S.M.S. 4281 Am. and Part of Lot 1, Sunny Park Subdivision and is more fully described as follows: Beginning at a point on the Southwesterly line of Lot 1 of said Subdivision, whence corner No. 3 of said Mollie Gibson Lode bears N 70923133" W 220.02 feet; thence N 32*09158" E 94.76 feet to the true nnini- of heainnina- a point on the Southwesterly line of Park Avenue; thence S 14022126" E 113.34 feet along the Southwesterly line of said Park Avenue to a point on line 1-4 of said Mollie Gibson Lode; thence S 38000100" W 124.61 feet along said line 1-4 to the point of intersection with line 2-3 of the Riverside placer U.S.M.S. 3905 Am.; thence N 89*46100" W 71.90 feet along said line 2-3 to the point of intersection with line 3-4 of said Mollie Gibson Lode; thence N 34017100" W 53.55 feet along said line 3-4; thence N 50017100" E 130.26 feet; thence N 32109158" W 94.76 feet to the point of beginning, containing 16,955.8 sq. ft. more or less, together with all improvements thereon, and together with all hereditaments, appurtenances, easements, and other rights and interests belonging to or incident thereto, and together with all interest of Seller in any vacated streets or alleys adjacent thereto. i `AnCh.. 10 , , ....:.r. S;TEWART TITLE OF ASPEN, INC. 620 E. HOPKINS • ASPEN, COLORADO 81611 • (970) 925-3577 • FAX: (970) 925-1384 December 2, 1996 The attached list represent the owners of real property within 300 feet of the following described property: A tract of land situated in the SW1/4SE1/4 of Section 7 and the NW1 /4NE1 /4 of Section 18, Township 10 South, Range 84 West of the Sixth Principal Meridian, Pitkin County, Colorado. Said Tract is part of the Lone Pine Lode U.S.M.S. No. 1910, part of the Mollie Gibson Lode U.S.M.S. No. 4281 AM. and part of Lot 1, Sunnypark Subdivision and is more fully described as follows: Beginning at a point on the Southwesterly line of Lot 1, said Subdivision, whence Corner No. 3 of said Mollie Gibson Lode bears North 70 23'33" East 220.01 feet; thence North 32 09'58" East 94.76 feet to a point on the Southwesterly line of Park Avenue; thence South 14 22'26" East 113.34 feet along the Southwesterly line of said Park Avenue to a point on line 1-4 of said Mollie Gibson Lode; thence South 38 00'00" West 124.61 feet along said line 1-4 to the point of intersection with line 2-3 of the Riverside Placer U.S.M.S. No. 3905 AM.; thence North 89 46'00" West 71.90 feet along said Line 2-3 to the point of intersection with line 3-4 of said Mollie Gibson Lode; thence North 3417'00" West 53.55 feet along said line 3-4; thence North 50 17'00" East 130.26 feet to the point of beginning. COUNTY OF PITKIN, STATE OF COLORADO. Although we believe the facts stated are true, this letter is not to be construed as an abstract of title, nor an opinion of title, nor a guaranty of title, and it is understood and agreed that Stewart Title of Aspen, Inc., neither assumes, nor will be charged with any financial obligation or liability whatb�ver on any statement contained herein. rdially, Charles Dorn Title Examiner JAN 23 ' c 7 10 : 44AM ASPEN HOUSING i--iFC P . 1 MEMORANDUM TO: Bob Nevins, Community Development Department FROM: Cindy Christensen, Housing Office DATE: January 23, 1997 RE: Frenzel Accessory Dwelling Unit Review Parcel ID No. 2737-181-58-001 ISSUE: The applicant is requesting approval to construct an ADU to be located above a detached garage. REC- RIMENDATION: Staff recommends approval as long as the following conditions are met: 1. The unit falls within minimum and maximum square footage: Accessory dwo ing units shall contain not less than three hundF&d (300) sgWfe feet of allowable floor area and not mono than seven hundred (700) square feet of allombAA floor area. The unit shad be deed restrrsfed, meedng die Housing authority's guidelines for resident occupied unfts and shalt be limited to rental periods of mat fens than six (6) months in duration. owners of site principal residence shall have the right to place a qualified employee or employees of his or her choosing in the accessory d wilinq unit 2. The kitchen falls within the foilovAng specifications: XQUIQ - ;=orAccessmy OmWing linos and Caretaker Cwm►linq Units, a :minimum of a two-iwmsr shove with omen, standard sink, and a 6-Cub;c loot refrigerator plus freezer. 3. An accessory dwelling unit deed restriction must be recorded prior to building permit approval (this form is provided by the Housing Office). 4. Floor plans cf the ADU be provided to the Housing Office prior to building permit approval. 5 Inspection of the unit by the Housing Office prior to Certificate of Occupancy. Veteehal58pnWW 97 MEMORANDUM TO: City Engineering Housing Office Parks Department FROM: Bob Nevins, City Planner DATE: January 10, 1997 RE: Frenzel Accessory Dwelling Unit -Conditional Use; Stream Margin -ESA Parcel No. 2737-181-58-001 Project Review Schedule Community Development has received a land use application for an Accessory Dwelling Unit (ADU) and Stream Margin Review for Parcel I (Lot Line Adjustment) of the Bibbig Subdivision near the intersection of Park Avenue and Regent Streets, City of Aspen. The applicant, Otto Frenzel, is proposing to construct a new single-family residence with an Accessory Dwelling Unit located above a detached garage. The property adjoins the Roaring Fork River. The review standards for Conditional Uses (Accessory Dwelling Units) are contained in Section 26.60.040; and Stream Margin Review (ESA) criteria are in Section 26.68.040. The following schedule has been established for the review of this application: January 16 (Thurs.) DRC Meeting January 23 (Thurs.) Draft Referral Memos (to Bob Nevins) January 28 (Tues.) Final Referral Memos (to Bob Nevins) January 29 (Wed.) Final Planning Memo January 30 (Thurs.) Aspen Planning and Zoning Packets (Distribution) February 4 (Tues.) Aspen Planning and Zoning Meeting (Public Hearing) Please contact me at Ext. 5102 or by Eudora if you have any questions regarding this application or review schedule. LAW OFFICES HILL, EDWARDS, EDWARDS & ADKISON, L.L.C. CENTENNIAL PLAZA BUILDING 502 MAIN STREET, SUITE 201 CARBONDALE, COLORADO 81623 THOMAS C. HILL JOSEPH E. EDWARDS. JR.. P.C. JOSEPH E. EDWARDS, III THOMAS L. ADKISON January 7, 1997 Stan Clauson, Director Bob Nevins Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 RE: Bibbig Subdivision Exemption - Lot Line Adjustment Gentlemen: TELEPHONE (970)963-3900 FACSIMILE (970)963-3131 I have revised Dieter Bibbig's Application for the Lot Line Adjustment which had been submitted September 5, 1996 to reflect the fact that, at the City Attorney's request, we had deleted from the Plat the third parcel owned by Mr. Bibbig which is adjacent to the two parcels involved in this Lot Line Adjustment. Mr. Worcester suggested it be deleted since it was not involved in this Lot Line Adjustment. This deletion resulted in a different numbering of the parcels involved in the Lot Line Adjustment. What was initially referred to as Parcel III is now numbered Parcel II. The Lot Line Adjustment Plat has now finally been approved by the Engineering Department. We would appreciate it if this lot line adjustment could be approved as soon as possible, since we've had a four month delay getting it approved by Engineering and we've had to continue a planned closing several times already. Thank you in advance for your cooperation. Very truly yours, HILL, EDWARDS, EDWARDS & ADKISON, L.L.C. osep dwards, Jr. JEE:caw Enclosure bibbig\lclauson.02 • r� LAW OFFICES HILL, EDWARDS, EDWARDS & ADKISON, L.L.C. CENTENNIAL PLAZA BUILDING 502 MAIN STREET, SUITE 201 CARBONDALE, COLORADO 81623 THOMAS C. HILL JOSEPH E. EDWARDS. JR., P.C. JOSEPH E. EDWARDS, III THOMAS L. ADKISON January 7, 1997 Stan Clauson, Director Bob Nevins Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 TELEPHONE (970)963-3900 FACSIMILE (970)963-3131 APpROVED '� j r 1 r,0�1NIUNIT( OEV!: ''O&N DIRE CIT OF ASPEN RE: Amended Application for Approval of Lot Line Adjustment and Exemption from Subdivision Dear Messrs. Clauson and Nevins: This Amended Application seeks approval by the Planning Director for a lotline adjustment pursuant to Section 26.88.030A.1. and B. An application fee of $450.00 was tendered with the original Application. The Amendment is required since the Lot Line Adjustment Plat was amended in the course of review by Engineering and what was previously referred to as Parcel III is now referred to as Parcel II. 1. Applicant's Information The Applicant for this lot line adjustment is Dieter Bibbig, the owner of both parcels of land involved: Dieter Bibbig P. O. Box 175 Aspen, Colorado 81612 (970) 925-3418 A letter signed by the Applicant, authorizing Joseph E. Edwards, Jr., 502 Main Street, Suite 201, Carbondale, Colorado 81623, (970) 963-3900, to act as his representative on this Application is attached as Exhibit A. • • Stan Clauson, Director Bob Nevins Aspen Community Development Department January 7, 1997 Page 2 The street address of the parcels involved in this lot line adjustment is 101 Park Avenue, Aspen, Colorado, and the legal descriptions are: PARCEL I A tract of land situated in the SW 1/4 SE 1/4 of Section 7 and in the NW IA NE 1/4 of Section 18, Township 10 South, Range 84 West of the 6th P.M., Pitkin County, Colorado. Said tract is part of the Lone Pine Lode U.S.M.S. 1910, part of the Mollie Gibson Lode U.S.M.S. 4281 and part of Lot 1, Sunny Park Subdivision and is more fully described as follows: Beginning at a point on the Southwesterly line of Lot 1, said subdivision, whence corner No. 3 of said Mollie Gibson Lode bears North 70°23'33" West 220.01 feet; thence North 32"09'58" East 94.76 feet to a point on the Southwesterly line of Park Avenue: thence South 14°22'26" East 113.34 feet along the Southwesterly line of said Park Avenue to a point on Line 1-4 of said Mollie Gibson Lode; thence South 38°00'00" West 124.61 feet along said Line 1-4 to the point of Intersection with Line 2-3 of the Riverside Place U.S.M.S. 3905: thence North 89°46'00" West 71.90 feet along said Line 2-3 to the point of Intersectionwith Line 3-4 of said Mollie Gibson Lode; thence North 34' 17'00" West 53.55 feet along said Line 3-4; thence North 50" 17'00" East 130.26 feet to the point of beginning. A tract of land being part of Lot 1, Sunny Park Subdivision, City of Aspen, Colorado, lying northerly of the centerlineof a road easement as shown on a plat recorded in Book 4 at Page 398 of the records of Pitkin County. Said tract is more fully described as follows: beginning at the west corner of said Lot 1 whence comer No. 3 of the Mollie Gibson Lode, M.S. No. 4281 Am. bears first N 43°49'00" W 146.00 feet and then S 38°99'00" W 100.00 feet; thence N 38°00'00" E 138.00 feet to the Northwest corner of said Lot 1; thence 41.22 feet along the arc of a curve to the right having a radius of 33.93 feet, the chord of which curve bears S 17° 11'49" E 38.73 feet; thence 39.07 feet along the arc of a curve to the left having a radius of 70.00 feet; thence S 32°09'58" W 81.37 feet to a point on the centerlineof said easement; thence N 66°55'00" W 49.99 feet along said centerline; thence following said centerline 16.23 feet along the arc of a curve to the right having a radius of 40.00 feet; thence N 46°20'00" E 10.00 feet to the point of beginning, containing 0.161 acres, more or less. Ownership Disclosure The owner of both parcels of land involved in this lot line adjustment is Dieter Bibbig. The southeasterly most parcel, designated Parcel I in this Application, was created by a previous lot line adjustment approved by the Planning & Zoning Commission August 8, 1973, shown as the "Drew" parcel on the Plat recorded at Plat Book 4, Page 398, a copy of which is attached hereto as Exhibit B. The northeasterly parcel designated Parcel II in this application was the east half of the "Bibbig" parcel on the previous lot line adjustment plat (Exhibit B). The Court Order dividing the "Bibbig" Parcel, along the access easement in accordance with Gertrude Bibbig's Will was entered July 22, 1980 (Exhibit C), later recorded as Reception No. 397141. The deed from the Estate of Gertrude Bibbig to Dieter Bibbig for Parcel H was recorded in Book 398 at Page 64(Exhibit D). There are no liens or encumbrances against Parcel I, the parcel to be reduced by the requested boundary line adjustment. The following Deeds of Trust encumber Parcel II, the parcel to be increased by the requested boundary line adjustment: Deeds of Trust at Book 706, Page 888 to secure Thatcher Bank $150,000.00; Book 677, Page 829 to secure Norwest Bank $30,000.00, re -recorded at Book 727, Page 234. There is a Contract between the Applicant and Otto Frenzel for a sale of Parcel I as it is to be adjusted by this lot line adjustment application • Stan Clauson, Director Bob Nevins Aspen Community Development Department January 7, 1997 Page 4 b. All land owners whose lot lines are being adjusted shall provide written consent to the Application. Applicant is the owner of both of the parcels involved in this lot line adjustment. C. It is demonstrated that the request is to address a specific hardship. The specific hardship being addressed is that the existing boundary line is within several feet of the front steps of the house on Parcel II and mere inches from the existing wood deck. Given the house location on Parcel II and the access driveway dividing Parcel I, it is impractical to have the boundary in its current location. Relocating the boundary as proposed allows the land that surrounds and relates to the house on Parcel II to become part of that parcel and allows the natural dividing line of the access easement to function as the appropriate boundary between Parcel I and Parcel II. d. The corrected plat will meet the standards of this chapter, and conform to the requirements of this title including the dimensional requirements of the zone district in which the lots are located except in cases of an existing non -conforming lot in which the adjustment shall not increase the non -conformity of the lot. The reduced size of Parcel I (i.e., 13,740 square feet) will still exceed the minimum lot size for the R-6 PUD zone district for allowed duplex or single-family uses and the increase to the size of Parcel II will make that lot size conforming with the zone. Parcel II currently comprises 6,852 square feet, which is sufficient to comply with the 6,000 square foot minimum lot size in the R-6 zone, but is non -conforming for a duplex lot which requires 9,000 square feet. The lot line adjustment as contemplated would make this lot conforming, as it would then exceed the 9,000 square feet required for the existing duplex in that zone. Also, the side yard setback for the duplex on Parcel H, will be made conforming by the lot line adjustment. e. It is demonstrated that the lot line adjustment will not affect the development rights s or permitted density of the affected lots by providing the opportunity to create a new lot for resale or redevelopment. The lot line adjustment will not affect the density. Parcel H is fully developed with a duplex residence. Parcel I is being reduced in size, but not below the minimum lot size allowed by the district for a duplex or single-family uses. No new lot for resale or development is being created by the lot line adjustment. • • Stan Clauson, Director Bob Nevins Aspen Community Development Department January 7, 1997 Page 3 A vicinity map locating the subject parcels within the City of Aspen is attached hereto as Exhibit E. 5. Parcel Survey A Lot Line Adjustment Plat, including parcel legal descriptions both before and after the adjustment, easements, topography and vegetation and showing the existing and the existing and proposed boundary line and easement location, certified by a registered land surveyor, is attached hereto as Exhibit F. 6. Proposed Lot Line Adjustment Criteria As seen on the Lot Line Adjustment Plat (Exhibit F), the proposed lot line adjustment is to rotate the most northerly part of the northwesterly sideline of Parcel I (north of the angle point) clockwise and move the terminus point of that boundary line southerly along Park Avenue. This would decrease the acreage of Parcel I from 16,774 square feet to 13,747 square feet. The existing duplex on Parcel II installed many years ago, does not meet current side yard setbacks, and the more logical and appropriate boundary between Parcels I and II should be along the access easement. To relocate the boundary between Parcels I & II to the revised access easement will allow the existing house on Parcel II to have the land north of the access easement as a yard and will make Parcel H more in conformance with zoning by creating an adequate side yard setback. The standards for a lot line adjustment, found in Chapter 26.88.030A.1., and the compliance by this Application with such standards are as follows: a. It is demonstrated that the request is to correct an engineering or survey error in a recorded plat, or is to permit an insubstantial boundary chanize between adiacent parcels. This Application meets the second part of that standard, since it is an insubstantial boundary change between adjacent parcels. The proposal is to remove 3,000 square feet from Parcel I and add that square footage to Parcel II.